People v. Franco CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The description of the facts is based on the probation report, to which the parties stipulated as the basis for the plea. Defendant went into a liquor store, placed a can of beer down his pants, and tried to leave the store. Christopher H. stood in defendant’s path. Defendant grabbed a bottle of alcohol from the store inventory and repeatedly threatened to kill Christopher. Defendant broke the bottle and tried to stab Christopher multiple times. Christopher suffered several cuts before he left the store. Defendant followed Christopher out of the store, and several customers detained defendant on the ground before the police arrived.

The prosecutor filed a felony complaint. On the date scheduled for a preliminary hearing, the trial court declared a doubt as to defendant’s competency, appointed an expert, ordered an examination pursuant to Penal Code section 1368 (unspecified statutory section citations that follow are to the Penal Code) and suspended criminal proceedings. Dr. Daisy Switzer evaluated defendant and filed her report with the trial court. The parties submitted the issue on the report. The trial court found defendant was not…