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INTRODUCTION

Defendant Michael Angel Rodriguez-Cintron appeals from a judgment entered following a jury trial. Defendant was convicted of possession of a flammable liquid (Pen. Code,1 § 453, subd. (a); count 1) and attempted arson (§ 455; count 2). After the verdicts, but before sentencing, defense counsel declared a doubt on defendant’s mental capacity and section 1368 proceedings were instituted. Dr. Barry Hirsch concluded defendant was mentally competent to continue with his trial. Dr. Haig Kojian concluded defendant was severely mentally impaired and struggled with a psychotic mental process and a delusional belief system. In another report, Dr. Kojian concluded that defendant was incompetent to stand trial. Patton State Hospital recommended defendant’s retention for mental health treatment, and the trial court concurred with the recommendation. Defendant was ordered to Patton State Hospital on August 18, 2011. On December 5, 2011, Patton State Hospital recommended that he was ready to be returned to court as competent and proceed to sentencing. On January 18, 2012, he was sentenced to the midterm of two years on the attempted arson, and the sentence for possession of a…