People v. O.S. CA4/2

INTRODUCTION

A trial court sustained a Welfare and Institutions Code1 section 6500 petition,

finding that defendant and appellant O.S. was a developmentally disabled person, within

the meaning of section 6509. The court thereby committed him to the State Department

of Developmental Services for one year.

Defendant filed a timely notice of appeal. We affirm.

PROCEDURAL BACKGROUND

On or about March 19, 2019, defendant was charged by felony complaint with two

counts of committing a lewd act on a child who is 14 or 15 years old (Pen. Code, § 288,

subd. (c)(1), counts 1 & 3) and false imprisonment (Pen. Code, § 236, count 2).

On June 14, 2019, defendant was found incompetent to stand trial and was

committed to Patton State Hospital and admitted on August 28, 2019. After evaluating

defendant, the Medical Director of State Hospitals at Patton filed a certificate of

competency on February 27, 2020, finding that defendant was able to understand the

nature of the criminal proceedings and aid in his defense. On November 2, 2020, the trial

court found defendant competent to stand trial and reinstated the criminal proceedings.

In March 2021, another doubt was raised regarding…