McDuffie
People v. McDuffie
Opinion
Opinion
Haerle, J.
I. INTRODUCTION
Defendant and appellant Van McDuffie appeals from a trial court order authorizing the involuntary administration of antipsychotic medications in order to render him competent to stand trial. McDuffie argues on appeal that the trial court’s order is not supported by substantial evidence and, therefore, should be reversed. We conclude the record does not contain substantial evidence that it is “substantially likely” the involuntary administration of medication to McDuffie will render him competent to stand trial. Therefore, we reverse.
II. FACTUAL AND PROCEDURAL BACKGROUND
On November 2, 2004, McDuffie was charged with one count of second degree robbery (Pen. Code, § 211 ), with use of a deadly weapon (§ 12022, subd. (b)(1).) Before trial, defense counsel declared a doubt as to his competency to stand trial.
The trial court suspended proceedings and, pursuant to section 1368, appointed Drs. Paul Good and Shawn Johnston to evaluate McDuffie’s competency. Defendant waived his right to a jury determination of his competency and the trial court found him incompetent to stand trial.