People v. Yanez CA3

BACKGROUND

The Statutory Scheme for and the Constitutional Rights of IST Defendants In a related case, People v. Brewer (Mar. 13, 2015, C075255) __ Cal.App.4th ___ (Brewer), we set forth the constitutional rights of IST defendants and the statutes protecting those rights. We repeat that background here. If at any time before judgment in a criminal trial a doubt arises as to the defendant’s mental competence, the court shall order a hearing into the present mental competence of defendant. (§ 1368.) If the defendant is found mentally competent, the criminal process shall resume. (§ 1370, subd. (a)(1)(A).) “If the defendant is found mentally incompetent, the trial, the hearing on the alleged violation, or the judgment shall be suspended until the person becomes mentally competent.” (Id., subd. (a)(1)(B).)

3 “In the meantime, the court shall order that the mentally incompetent defendant be delivered by the sheriff to a state hospital,” or other approved available treatment facility that “will promote the defendant's speedy restoration to mental competence.” (§ 1370, subd. (a)(1)(B)(i).) Alternatively, the court may order the defendant placed on outpatient status. (Ibid.) Before…