People v. McDaniel CA1/2

STATEMENT OF THE CASE

On April 12, 2013, the Solano County District Attorney filed a consolidated information charging appellant with one felony count of corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)),1 one felony count of assault with a deadly weapon (§ 245, subd. (a)(1)), one felony count of false imprisonment (§ 236), one misdemeanor count of unlawfully resisting, delaying, or obstructing a peace officer (§ 148, subd. (a)), and one misdemeanor count of disobeying a court order. (§ 166, subd. (a)(4).) The information further alleged two one-year prior prison term enhancements (§ 667.5, subd. (b)), two

1 All subsequent statutory references are to the Penal Code.

1 two-year on-bail enhancements related to the false imprisonment offense (§ 12022.1), and that appellant was ineligible for a county jail commitment (§ 1170, subd. (h)(3)). About a month after the filing of the information, defense counsel declared a doubt about appellant’s competence to stand trial (§ 1368). The court thereupon suspended the criminal proceedings and appointed Drs. Stephen L. Pittavino, Ph.D. and Janice Y. Nakagawa, Ph.D. to evaluate appellant’s competency (§ 1369). In reports filed…