In Re Hernandez

In July 2000, petitioner Isidro Calderon Hernandez was charged with murder, kidnapping, hit-and-run driving causing injury and death, and filing a fraudulent insurance claim. In June 2001, the court suspended criminal proceedings pursuant to Penal Code section 1368 to evaluate petitioner’s mental competence. (All further statutory references are to the Penal Code unless otherwise stated.) Under the authority of section 1369, the court appointed two psychiatrists, Dr. Kaushal Sharma and Dr. Enani D’Angelo, to evaluate petitioner’s competency to stand trial.

In May 2002, the court concluded petitioner was not competent to stand trial and committed him to Patton State Hospital. (§ 1370, subd. (a)(l)(B)(i).) Dr. Dennis Wallstrom interviewed and tested petitioner during his approximately one-year confinement at Patton State Hospital before petitioner’s restoration to competency and return to Orange County for trial. (§ 1372.) Petitioner entered pleas of not guilty and not guilty by reason of insanity. (§§ 1016, 1026.) Petitioner’s plea of not guilty by reason of insanity prompted the court’s appointment of Sharma, D’Angelo, and licensed psychologist Dr. Martha Rogers to…