People v. Crosby CA5

DISCUSSION

Defendant contends his no contest plea was not knowing, intelligent, and voluntary because he was not taking his required mental health medication at the time he entered the plea and because defense counsel failed to properly and adequately investigate and advise him about a possible defense of not guilty by reason of insanity (NGI). Accordingly, he contends the trial court erred by denying his motion to withdraw the plea.

I. Background

At the hearing on the motion, defendant did not present testimony, but submitted the matter on the declarations attached to his motion and on his mental health evaluation performed on September 20, 2011, by the Department of Corrections and Rehabilitation (Turning Point), which included a diagnosis of bipolar disorder, depression, and cocaine dependence. A. Defendant’s Declaration Defendant’s declaration in support of the motion stated:

“1. When I was arrested in this case I had been diagnosed with Bi- Polar condition and have [sic] not had my required medication.

“2. During my parole I was supervised as EOP (enhanced out patient) requiring psychiatric monitoring and medication. At the time of the offense, I was not being…