People v. Vargas CA2/8

Filed 10/25/24 P. v. Vargas CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B333227

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA099832 v.

AMADEO VARGAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Terrell, Judge. Affirmed. Maura F. Thorpe, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________

After reviewing this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. Statutory citations are to the Penal Code.

In February 2023, an anonymous caller tipped off the police that Amadeo Vargas had been discharging a firearm in and around his family home. The police arrested Vargas shortly thereafter. At Vargas’s first court appearance, his attorney declared a doubt as to his mental competence. The court suspended criminal proceedings pursuant to section 1368, and ordered Vargas transferred to the mental health division for examination and hearing. Dr. Rebecca Najera examined Vargas and found him competent. Based on Najera’s report, the mental health court found Vargas competent to stand trial and reinstated criminal proceedings. Vargas’s attorney declared a doubt as to his competence for a second time, and requested a long form report. The court granted counsel’s request and again suspended criminal proceedings under section 1368 and ordered Vargas transferred to the mental health division for examination and hearing. Dr. Haseeb Haroon examined Vargas, found him competent, and prepared a long form report describing his examination. Based on Haroon’s report, the mental health court found Vargas competent to stand trial and reinstated criminal proceedings. After the preliminary hearing, an information charged Vargas with two counts of discharge of a firearm with gross negligence, in violation of section 246.3(a). At the pre-trial hearing, the parties explained their efforts to resolve the case. The prosecutor stated that if Vargas was willing to go to a residential treatment facility for six months, he was willing to offer a term of probation for three years. Without