People v. Salazar CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In December 2021, the San Benito County District Attorney filed an information charging Salazar with attempted murder (§§ 664, 187 [count 1]) and assault with a deadly weapon (§ 245, subd. (a)(1) [count 2]). In January 2022, Salazar’s defense counsel asked the trial court to appoint a psychotherapist to examine Salazar and provide counsel information about a possible insanity plea or defense based on Salazar’s emotional condition. The court granted the request (Evid. Code, § 1017). In March 2022, defense counsel declared a doubt about Salazar’s competence to stand trial. The trial court suspended the proceedings and appointed a psychotherapist to evaluate Salazar’s competence (§ 1368). In June 2022, after receiving the psychotherapist’s report, the court found Salazar competent to stand trial. On December 1, 2022, the jury found Salazar guilty on count 2 but failed to reach a verdict on count 1. Salazar defense counsel moved to dismiss count 1 under section 1385. The prosecutor did not object. The trial court granted the motion and dismissed count 1 in the interest of justice. On January 9, 2023, the trial court sentenced…