O'DELL
People v. O'DELL
Opinion
Opinion
Blease, J.
After defendant Marc Evan O’Dell was found incompetent to stand trial, the court set his maximum term of confinement in a state hospital at three years pursuant to Penal Code section 1370, subdivision (c)(1). In a subsequent proceeding the court issued an order authorizing Napa State Hospital (hospital) to involuntarily administer antipsychotic medication to him.
Defendant appeals, claiming: (1) there was no substantial evidence to support the authorization to involuntarily administer antipsychotic medication to him; (2) the court erred in calculating his maximum term of confinement; and (3) his trial counsel rendered ineffective assistance by failing to seek correction of the maximum term of confinement and by submitting on the hospital’s request to involuntarily medicate him without consulting with him.
We shall vacate the order authorizing the hospital to involuntarily medicate defendant.
PROCEDURAL BACKGROUND
Defendant was charged with seven felony counts including first degree residential burglary (§ 459), corporal injury to a cohabitant (§ 273.5, subd. (a)), battery with serious bodily injury (§ 243, subd. (d)), assault with a deadly weapon by means likely to…