People v. Moore CA5

DISCUSSION

I. Competency

A. Background On July 10, 2012, a complaint was filed against defendant. The same day, he was arraigned and pled not guilty. On July 12, 2012, the preliminary hearing date was set for July 20, 2012. On July 20, 2012, “Defense Counsel addresse[d] the Court regarding their concerns related to Defendant’s ability to assist with his defense and request[ed] doctors be appointed to evaluate the Defendant pursuant to [section] 1368.” The court suspended criminal proceedings, instituted civil proceedings, and “appoint[ed] Dr. Taylor and Dr. Zimmerman to examine the Defendant pursuant to [section] 1368/Competency.” The

All statutory references are to the Penal Code.

2. next court date was set for “August 31, 2012, at 8:30 a.m., For: Review of Reports (PC [section] 1368).”2 At the hearing on August 31, 2012, the court had Dr. Zimmerman’s report. In his report, Dr. Zimmerman diagnosed defendant with bipolar disorder and found as follows: “[Defendant] appeared to possess at least a rudimentary understanding of the court proceedings as they related to his case. [¶] However, his racing, tangential thoughts, grandiose delusions, and manic energy will…