People v. Turner CA1/2

BACKGROUND

On May 4, 2021, the Contra Costa County District Attorney filed a felony complaint charging Turner with indecent exposure – unlawful entry (§ 314, subd. (1)) (count 1); carrying a dirk or dagger (§ 21310) (count 2); and simple battery (§§ 242/243, subd. (a)) (count 3). The complaint also alleged

1 Undesignated statutory references are to the Penal Code.

1 that Turner committed the charged offenses in violation of a grant of probation and a grant of mandatory supervision (§ 1203.3). On May 14, defense counsel declared a doubt about Turner’s competency. The trial court suspended criminal proceedings and, on May 19, appointed two psychologists pursuant to section 1368 to evaluate Turner’s competence —Dr. Marlin Griffith and Dr. Alexis Smith—with written reports due July 1. Dr. Griffith opined that Turner was a “mentally competent individual,” and Dr. Smith found that Turner was “likely competent to stand trial.” The record does not reflect that the trial court made any findings based on these reports, and at a December 1 hearing, the trial court noted that the issue of Turner’s competency was “still unresolved.” On January 6, 2022, pursuant to the parties’ request,…