People v. Superior Court

Following a finding that real party in interest (defendant) was not competent to stand trial on three counts of child molestation (Pen. Code, § 288, subd. (a)), respondent (trial court) ordered defendant placed in an “alternative placement.” Petitioner (the People) seeks a writ of mandate directing the trial court to vacate its order placing defendant in alternative placement and to order defendant confined in a state hospital or other facility for a minimum of 180 days.

Consistent with the statutory and case law discussed herein, we shall issue a peremptory writ directing the trial court to order defendant delivered to a state hospital or other secure treatment facility.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2002, defendant, then 79 years old, was charged with three counts of child molestation involving two victims.

Two doctors were appointed to evaluate defendant to determine if he was competent to stand trial. (§§ 1368, 1369, subd. (a).) Based on the reports of the doctors, the trial court found defendant was not competent, and the matter was continued for a placement report.

The trial court received conflicting recommendations concerning whether…