People v. Velasco CA4/1

INTRODUCTION

George Velasco appeals from a judgment finding him mentally incompetent,

ordering him committed to Patton State Hospital, and authorizing the involuntary

administration of medication. He contends there is insufficient evidence to support the

involuntary medication authorization. We agree and reverse the judgment as to the

authorization.

BACKGROUND

The San Diego County District Attorney charged Velasco with vandalism over

$400 (Pen. Code, § 594, subds. (a), (b)(1)),1 receiving stolen property (§ 496, subd. (a)),

and petty theft (§ 484). The following week, the trial court suspended criminal

proceedings pending a determination of Velasco's mental competency.

A court-appointed forensic psychologist evaluated Velasco and submitted two

reports: the first opined Velasco was incompetent to stand trial, and the second opined

the most appropriate, least restrictive placement for him was a state hospital commitment.

In the first, more comprehensive report, the psychologist found Velasco's mental status

examination "notable for abstract thought process and paranoid and delusional thought

content" and she provided several supporting examples. The…