Amador

Nieves Arrendondo Amador appeals from a judgment entered upon his nolo contendere plea to two counts of attempted murder (Pen. Code, §§ 664/187), one count of first degree burglary (§ 459), and one count of assault with a firearm (§ 245, subd. (a)(2)). In addition, he did not contest the personal use of a firearm (§ 12022.5) or the infliction of great bodily injury (§ 12022.7) enhancements to the attempted murder counts, nor the section 12022.5 enhancement to the burglary and assault counts.

Before trial, the court expressed doubt as to appellant’s competency to stand trial and appointed a psychologist to examine him pursuant to section 1368. The psychologist opined appellant was incompetent and unable to rationally assist counsel in presenting a defense because he suffered permanent amnesia for the events surrounding the offense. No other aspects of appellant’s behavior or mental condition contributed to the psychologist’s opinion. The psychologist concluded he was incompetent to stand trial because a criminal defendant must be able to recall his movements, timing and state of mind at the time of the alleged offense in order to assist counsel in presenting a defense.…