People v. Sosa CA2/1

FACTS AND PROCEEDINGS BELOW

In 1996, Sosa was convicted of one count of forcible rape with the use of a deadly weapon, and was sentenced to 20 years in prison. In 2012, prior to Sosa’s release from prison, the Los Angeles County District Attorney filed a petition for Sosa to be committed as an SVP. A jury determined that Sosa was indeed an SVP, and the court committed him to the Department of Mental Health for an indeterminate term. On several occasions throughout the proceedings, Sosa’s attorney requested that the proceedings be stayed so that the court could hold a mental competence hearing and determine whether Sosa was competent to stand trial and able to assist counsel in his defense. The court denied these requests on the grounds that a defendant need not be competent to stand trial for purposes of a hearing under the SVPA. (Moore, supra, 50 Cal.4th at p. 829.)

DISCUSSION

Sosa contends, in the only issue he raises on appeal, that he was denied due process because the trial court denied his counsel’s requests for a hearing to determine his competency to stand trial. Moore holds that a defendant need not be competent to stand trial for a proceeding under the SVPA. (Moore v.…