People v. Parker CA5

INTRODUCTION

In a felony complaint filed on April 7, 2021, defendant Dewayne Keith Parker was charged with second degree burglary (Pen. Code,1 §§ 459, 460, subd. (b)), resisting an executive officer (§ 69), and possessing an instrument used for unlawfully injecting or ingesting a controlled substance (Health & Saf. Code, § 11364). The complaint further alleged that he was previously convicted of 11 felonies (§ 1203, subd. (e)(4)), four of which qualified as “strike” offenses under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). At his arraignment on April 26, 2021, defendant pled not guilty and denied the special allegations. In addition, the trial court—pursuant to section 1368—expressed doubt as to his mental competence, suspended criminal proceedings, and appointed a licensed psychologist to examine him. At a May 26, 2021 competency hearing, the court reviewed the psychologist’s report, declared defendant mentally incompetent, and referred the matter to the regional Conditional Release Program for a written recommendation in accordance with section 1370. After reviewing said recommendation, the court ordered that defendant be committed to the State…