In re Suarez CA2/5

BACKGROUND

On December 14, 2011, Suarez was charged with assault on a peace officer with a deadly weapon or by means of force likely to produce great bodily injury (§ 245, subd. (c)). On January 17, 2012, defense counsel declared a doubt as to Suarez’s mental competence and criminal proceedings were suspended. The trial court transferred Suarez to the Mental Health Department of the Los Angeles Superior Court (Department 95) to be evaluated. On February 2, 2012, Suarez was found mentally incompetent to stand trial and committed to Patton. The court in Department 95 concluded Suarez’s maximum commitment date at Patton was February 1, 2015. On September 26, 2012, Suarez regained mental competency and criminal proceedings resumed. Suarez was held to answer at the October 11, 2012 preliminary hearing. On February 14, 2013, the trial court found Suarez mentally incompetent to stand trial, suspended criminal proceedings, and committed Suarez to Patton. The court

All further statutory references are to the Penal Code, unless otherwise stated.

2 ordered the director of Patton to report on Suarez’s progress within 90 days, with a report due every six months thereafter. The court…