People v. Parker CA5

INTRODUCTION

In a felony complaint filed on March 26, 2021, defendant Dewayne Keith Parker was charged with murder (Pen. Code,1 § 187, subd. (a)). The complaint further alleged that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). At his arraignment on April 26, 2021, defendant pled not guilty and denied the special allegation. 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 Department of State Hospitals and specified that “[t]he maximum term of commitment exceeds 2 years.” The commitment order was filed on July 7, 2021. On August 6, 2021, defendant filed a notice of appeal.

DISCUSSION

Defendant makes two contentions. First, “[t]he court violated California law and [his]…