Bryan E. v. Super. Ct.

INTRODUCTION

Bryan E. filed a petition for a writ of mandate to compel the juvenile court to vacate its order finding him competent to stand trial. On June 18, 2014 we issued an order to show cause why the relief prayed for should not be granted and staying the proceedings. We now grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On August 7, 2013 the People filed a petition under Welfare and Institutions Code section 602 alleging that Bryan, who had recently turned 13 years old, committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and assault by means likely to produce great bodily injury (id., § 245, subd. (a)(4)). The juvenile court appointed the public defender to represent Bryan. Bryan denied the allegations of the petition. The court released him to his mother. Dr. Douglas Allen, a psychologist, assessed Bryan’s competency and tested his intelligence. Allen evaluated Bryan on December 11, 2013. Allen concluded that Bryan had a mental disorder, had “a documented history of receiving mental health treatment, and ha[d] been recently diagnosed with a Major Depressive Disorder, With a History of Psychotic Features; Learning Disorder NOS; and Anxiety…