People v. Reichlein CA4/2

I.

FACTS

A. Background to the Petition to Extend Reichlein’s Commitment

By information filed on September 25, 2002, the People charged Reichlein with

attempted first degree murder of a peace officer (§§ 664, 187, count 1), battery on a peace

officer (§ 243, subd. (c)(2), count 2), and unlawfully taking a firearm from a peace officer

(§ 148, subd. (b), count 3). Reichlein pleaded not guilty to all counts, but then withdrew

his not guilty plea and entered a plea of not guilty by reason of insanity. The trial court

ordered Reichlein to be examined and, thereafter, set a hearing on Reichlein’s mental

competency pursuant to section 1369.

After reviewing the reports of Reichlein’s mental examinations, the trial court

found Reichlein was competent to stand trial. The court then granted the People’s oral

motion to amend count 1 to attempted second degree murder and arraigned Reichlein on

the amended count. Reichlein pleaded guilty to the amended count 1, which the court

accepted, and the court granted the People’s motion to dismiss the remaining counts in

the interest of justice. The court thereafter sentenced him to state prison for the upper

term of nine years.

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