People v. Rincon CA6

I. Background

In February 2017, the Monterey County District Attorney’s Office filed a felony complaint in case No. SS170304B, charging Rincon with second degree robbery (count 1; § 211); second degree commercial burglary (count 2; § 459); and criminal threats (count 3; § 422). In April 2017, another felony complaint was filed in case No. SS170575A, charging Rincon with second degree robbery (count 1; § 211), with an allegation that he committed the offense while released on bail or his own recognizance in case No. SS170304B (§ 12022.1, subd. (b)). The complaint was later amended to add a charge of second degree commercial burglary (count 2; § 459), again with an allegation that he committed the offense while released on bail or his own recognizance (§ 12022.1, subd. (b)). In August 2017, during a preliminary hearing, defense counsel expressed doubt as to Rincon’s competence. The trial court found that a doubt had arisen as to Rincon’s mental competence, referred him for examination pursuant to section 1368, and suspended the proceedings. The examiner later determined that Rincon was not currently competent to stand trial. Rincon was committed to Metropolitan State Hospital on…