Christiana

I. INTRODUCTION

Defendant John Thomas Christiana appeals from orders following special proceedings to determine competency (Pen. Code, 1 § 1368) and to authorize involuntary administration of psychotropic medication (§ 1370). He argues that (1) he had a constitutional right to testify at his competency hearing, and the denial of that right was reversible error; and (2) the trial court’s authorization to involuntarily administer antipsychotic medication to him was not supported by substantial evidence. We reject the first contention but find merit to the second, and we reverse the order authorizing involuntary administration of antipsychotic medication.

II. FACTS AND PROCEDURAL BACKGROUND

On September 30, 2008, defendant was charged in an amended complaint in case No. MICRF-08-46891-02 with unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a); count 1); unlawful receipt of stolen property (§ 496, subd. (a); counts 2 and 4); grand theft (§ 487, subd. (d)(1); count 3); vandalism (§ 594, subd. (a)(1); count 5); unlawful possession of a concealed firearm (§ 12025, subd. (a)(1); count 6); and unlawful possession of a loaded *1044 firearm (§ 12031, subd. (a)(1); count…

I concur with the majority as it relates to the order authorizing the administration of antipsychotic drugs.

For the reasons stated in my dissent in People v. Bell (2010) 181 Cal.App.4th 1071 [ 105 Cal.Rptr.3d 259 ], I disagree with the majority’s analysis in the unpublished portion of its opinion.

Appellant’s petition for review by the Supreme Court was denied March 23, 2011, S189781. Kennard, J., was of the opinion that the petition should be granted.