People v. Sanders CA5

BACKGROUND

On August 16, 2010, defendant pled not guilty to possessing a controlled substance (Health & Saf. Code, § 11350, subd. (a); count 1) and driving with a suspended license (Veh. Code, § 14601.1, subd. (a); count 2). On November 15, 2011, Curtis Sok, assigned defense counsel, informed the court he was being sued by defendant for legal malpractice. Sok raised a doubt as to defendant’s competency to stand trial. Pursuant to section 1368, the superior court suspended criminal proceedings and appointed Dr. Harold Seymour, a licensed psychologist, to conduct an evaluation. Seymour examined defendant in the jail on March 23, 2012. Seymour observed, inter alia, “untreated psychiatric symptoms … currently rendering [defendant] unable to effectively assist [Sok] in preparing and presenting a defense.” Seymour diagnosed “Bipolar II Disorder, Hypomanic phase” and opined:

“During the hypomanic phase of Bipolar II Disorder, individuals present with high energy associated with goal directed behavior, marked imperturbability, and they may experience grandiosity and paranoia. [Defendant] appears to be in such a phase presently. By his own description he does have periods of marked…