People v. Mosier CA3

Filed 10/29/24 P. v. Mosier CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C100342

Plaintiff and Respondent, (Super. Ct. No. 23CF00915)

v.

CHAD NOLEN MOSIER,

Defendant and Appellant.

Appointed counsel for defendant Chad Nolen Mosier asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief arguing his trial counsel was ineffective. We will affirm. I. BACKGROUND At around 1:50 a.m. on February 28, 2023, a police officer responded to an alarm that went off at a local medical facility. The officer saw defendant leaving the building

1

and detained him. The officer searched defendant and found a bent piece of metal in his jacket pocket. The officer noticed marks on one of the business’s doorframes, indicating someone tried to pry or shimmy the lock. The marks on the door were consistent with the piece of metal defendant had been carrying. Defendant was charged with second degree commercial burglary (Pen. Code, § 459—count 1)1 and felony vandalism with more than $400 of damage (§ 594, subd. (a)—count 2). On March 9, 2023, defense counsel declared a doubt as to defendant’s competency to stand trial. (§ 1367 et seq.) The trial court suspended proceedings and appointed a psychologist to examine defendant. The psychologist opined in his May 2023 report that defendant was presently mentally incompetent to stand trial. In June 2023, the trial court found defendant was not competent to stand trial and referred the matter to Central Valley Conditional Release Program for the purpose of recommending placement for treatment. The mental health specialist for the program recommended referral to the California Department of State Hospitals. In July 2023, the trial court ordered defendant remanded to the California Department of State Hospitals. Later that month, a psychiatrist from the California Department of State Hospitals opined defendant was not yet competent to stand trial. In October 2023, a psychologist from the Butte County Jail-Based Competency Treatment program opined that defendant was competent to stand trial. In November 2023, the trial court found defendant competent to stand trial and reinstated criminal proceedings. That same day, defendant pled guilty to count 2. Count