People v. Silverstein CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In September 2018, defendant was charged with assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 1; statutory section citations that follow are found in the Penal Code unless otherwise stated); recklessly fleeing a pursuing peace officer’s vehicle (Veh. Code, § 2800.2, subd. (a); count 2); carrying an unregistered, loaded firearm (§ 25850, subd. (a); count 3); and resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1); count 4). The court also issued a criminal protective order in favor of the assault victim. (§ 136.2.) Shortly after the complaint was filed, the court suspended criminal proceedings after defense counsel declared a doubt as to defendant’s mental competency under section 1368. In January 2019, the court reinstated criminal proceedings after receiving a report from an appointed forensic clinical psychologist that defendant was mentally competent. On January 24, 2019, defendant pleaded no contest to an added count 5, assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)) in exchange for dismissal of the remaining counts with a Harvey waiver. (People v. Harvey…