People v. Cordova CA4/2

FACTS AND PROCEDURE

From 2005 to 2007, defendant received free transportation from his home in Kern

County to medical appointments at the Veterans Affairs Medical Center in Loma Linda.

Defendant obtained this service fraudulently by telling his doctor, and later a nurse who

called to confirm his eligibility, that he was wheelchair bound. Defendant’s medical file

documented problems with defendant’s knees and joints that would have affected his

mobility.

On December 14, 2007, the People filed a felony complaint alleging defendant

committed theft by false pretences. Defendant was arraigned on that charge on January

24, 2008 and pled not guilty.

On October 2, 2008, defense counsel expressed doubt about defendant’s

competency to stand trial and requested a section 1368 evaluation. The trial court

granted the request. On May 15, 2009, the trial court declared defendant incompetent

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 and suspended the criminal proceedings. On August 26, 2010, the trial court ordered

defendant committed to Patton State Hospital for treatment.

On May 27, 2011, the trial court found that defendant had…