People v. Waiton CA1/4

Filed 7/3/14 P. v. Waiton CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A139498

v. THOMAS DAVID WAITON, (Sonoma County Super. Ct. No. SCR628630, Defendant and Appellant. SCR 632438)

Thomas David Waiton appeals from an order deeming him incompetent to stand trial on making criminal threats and drug charges, committing him to a state hospital, and authorizing the facility to administer antipsychotic medication to him involuntarily. He contends the trial court erred in denying his Marsden1 motion without a hearing, where the request to substitute counsel was made after the court found him incompetent to stand trial but before it held the involuntary medication and placement…