People v. North CA2/4

Filed 12/18/24 P. v. North CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B331702

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA148306 v.

DEMARUEA NORTH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Affirmed and remanded with instructions. Corey J. Robins, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Wyatt E. Bloomfield and Stefanie Yee, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney charged defendant and appellant Demaruea North with, among other things, the murder of Efrem Reynolds. (Pen. Code, § 187, subd. (a).)1 In August 2017, at the request of defense counsel, the trial court held a preliminary hearing under section 1368.1.2 North and his co-defendant, Darius Walker, were held to answer on all charges and allegations. In October 2017, defense counsel declared a doubt regarding North’s mental competence. (§ 1368.) In February 2018, the trial court found North was not mentally competent to stand trial and suspended criminal proceedings. In January 2019, after receiving a report from Patton State Hospital indicating North was competent to stand trial, the trial court reinstated criminal proceedings. In March 2019, after concluding North had not been mentally competent at his 2017 preliminary hearing, the trial court granted North’s motion to dismiss and set aside the charges. The District Attorney re-filed the charges against North, alleging, among other things, that he murdered Reynolds (§ 187, subd. (a)) and, in the commission of the murder, personally and intentionally discharged a firearm, causing great bodily injury and death. (§ 12022.53, subd. (d).) Before a preliminary hearing was held on the re-filed charges, North pled no contest to the voluntary manslaughter of Reynolds (§ 192, subd. (a)) and admitted he personally used a firearm in the commission of the