People v. Hardin CA5

FACTS AND PROCEDURAL HISTORY

An information filed on February 4, 2013, charged Hardin with committing the first-degree murder of Michael Kabonic on August 4, 2010.1 (Pen. Code,2 § 187, subd. (a).) The information further alleged that Hardin personally used a knife to commit

1The initial complaint in the case was filed in August 2010. Thereafter, on November 1, 2010, criminal proceedings were suspended to determine whether Hardin was competent to stand trial. Dr. Thomas Middleton was appointed to evaluate Hardin’s competency. On December 21, 2010, the court found Hardin incompetent to stand trial and committed him to Patton State Hospital. The court found that Hardin was restored to competence on August 25, 2011. However, on October 6, 2011, the court once again found that Hardin was incompetent. On November 3, 2011, the court appointed Dr. Sincoff to evaluate Hardin. Hardin was again committed to Patton State Hospital for treatment and the restoration of competency. On January 8, 2013, the court found Hardin to be competent, and criminal proceedings were reinstated. 2Subsequent statutory references are to the Penal Code unless otherwise specified.

2. the murder. (§ 12022,…