People v. K.W. CA4/1

BACKGROUND

In November 2022, the Office of the San Bernardino District Attorney charged K.W. with two counts of robbery (§ 211) and one count of resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1)), along with an allegation he suffered three prior serious or violent felony convictions (§§ 1170.12, subds. (a)–(d); 667, subds. (b)–(i)). At a hearing in July 2023, K.W.’s counsel declared a doubt as to K.W.’s competency, and the trial court suspended criminal proceedings pursuant to section 1368. On August 11, 2023, the trial court found K.W. incompetent to stand trial, and on September 8, 2023, ordered him committed to DHS for a two-year maximum term. (§§ 1369, 1370.) While the instant appeal was pending, the trial court reinstated criminal proceedings after finding that K.W.’s competency to stand

trial was restored.

DISCUSSION

On appeal, K.W.’s counsel filed an opening brief asking this court to conduct an independent review of the record pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende). In making this request, counsel argues that due process

Since this case raises no substantial issues of…