Rodriguez

I. FACTS AND PROCEDURAL BACKGROUND

The Supreme Court’s decision details the factual and procedural background. (See Rodriguez, supra, 15 Cal.5th at pp. 487–490.) We do not repeat previously stated background information and describe only that most relevant to the remanded questions. A. Trial Court Proceedings In late 2016, the Santa Clara County District Attorney began prosecuting Rodriguez for several felonies (Nos. C1647395 & C1650275). Since then, the trial court has twice found Rodriguez incompetent to stand trial. The parties agree that, for the purposes of section 1370(c)(1), Rodriguez’s first commitment to the State Department of State Hospitals (Department) totaled 119 days, calculated from the date of the trial court’s commitment order (May 24, 2018) to the court’s approval of the medical director’s September 7, 2018 certificate of restoration to competence (September 20, 2018).

We accept the parties’ agreement that, for the purposes of calculating the

“commitment” period under section 1370(c)(1), Rodriguez’s two incompetency commitments began on the date of the trial court’s commitment orders. (See Rodriguez, supra, 15 Cal.5th at pp. 502, fn. 10, 510–511.) 2…