People v. Gonzalez CA5

STATEMENT OF THE CASE

Gonzalez committed the offenses in this case on February 23, 2017, when he was 34 years old. On April 21, 2017, the Kern County District Attorney filed an information charging Gonzalez with carjacking (§ 215, subd. (a); count 1), making a criminal threat (§ 422; count 2), robbery (§ 212.5; count 3), and misdemeanor evading a pursuing peace officer’s motor vehicle (Veh. Code, § 2800.1, subd. (a)). It was further alleged as to count 1 Gonzalez personally used a firearm (§ 12022.53, subd. (b); § 12022.5, subd. (a)), as to count 2 Gonzalez personally used a firearm (§ 12022.5, subd. (a)), and as to count 3 Gonzalez personally used and intentionally discharged a firearm (§ 12022.53, subds. (b) & (c); § 12022.5, subd. (a)). Before the information was filed, on March 9, 2017, the court suspended criminal proceedings under section 1368 after defense counsel declared a doubt as to Gonzalez’s competency. Dr. Michael Musacco, a clinical psychologist, was appointed to evaluate Gonzalez. Dr. Musacco diagnosed Gonzalez with “unspecified schizophrenia spectrum and other psychotic disorder” but found him competent to stand trial. Criminal proceedings were reinstated on…