People v. Quintero CA5

STATEMENT OF THE CASE

On August 20, 2019, Fernando Quintero was charged with one felony count of arson to a structure (Pen. Code, § 451, subd. (c)) and one misdemeanor count of arson with intent to defraud (Pen. Code, § 451, subd. (d)). On August 30, 2019, the trial court suspended criminal proceedings for a competency evaluation (Pen. Code, § 1368), and on September 20, 2019, found Quintero not competent to stand trial. On October 18, 2019, Quintero was committed to the Department of Mental Health, pursuant to Penal Code sections 1370/1370.01, for a maximum of two years. On November 5, 2020, the trial court dismissed the misdemeanor count and adopted the findings of the Behavioral Health and Recovery Services and found Quintero not likely to become competent in the foreseeable future. The court ordered the Kern County Public Conservator to evaluate Quintero for a possible conservatorship proceeding. On November 9, 2020, Quintero filed a motion to dismiss the underlying charges pursuant to Jackson v. Indiana (1972) 406 U.S. 715 and People v. Quiroz (2016) 244 Cal.App.4th 1371 (Quiroz motion), arguing that, if a defendant has served the maximum period of confinement and is not…