Yang

People v. Yang

Good Law
Court of Appeal of CaliforniaApril 29, 2022A162703California6,344 words

Opinion

Opinion

Fujisaki, J.

Discussion. All subsequent statutory references are to the Penal Code unless otherwise indicated.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2018, the People charged defendant with one count of assault with a deadly weapon (§ 245, subd. (a)(1)) and one count of child abuse (§ 273a, subd. (a)). The charges stemmed from an incident during which defendant struck his father in the head with a flashlight and kicked a juvenile down the stairs. On April 9, 2018, the trial court suspended proceedings pursuant to section 1368. The court found defendant incompetent to stand trial and committed him to the Department of State Hospitals. Defendant was transported to Napa State Hospital on August 13, 2018. On August 7, 2019, the medical director of the state hospital certified that defendant was competent to stand trial, and he was transported back to the county jail. On August 14, 2019, the court found defendant competent and reinstated criminal proceedings. In late August 2019, defendant pled no contest to an amended count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). In accord with the terms of his plea, the trial court imposed a…

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