Miller v. Superior Court

California Court of Appeal May 23, 1978 No. Civ. 43243Published

Before: Paik

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Holding. The court held that because the petitioner was found mentally incompetent shortly after his superior court arraignment, he was not lawfully committed to stand trial, and the information must be set aside.

Issues

Whether a defendant found mentally incompetent shortly after arraignment was lawfully committed to stand trial following a preliminary hearing held while incompetent.
Whether an information must be set aside under Penal Code section 995 when a defendant is found incompetent shortly after the preliminary hearing.

Disposition. remanded

Quotations verified verbatim against the opinion

“Since petitioner was found mentally incompetent shortly after the superior court arraignment, under Chambers and Hale, he was not lawfully committed, and the information must be set aside.”

“Let a writ of mandate issue directing respondent court to set aside the information.”

[134]

Opinion

PAIR, J.

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Petitioner Richard Morris Miller seeks a writ of prohibition commanding respondent Superior Court of Alameda County to grant his motion to set aside the information charging him with two counts of violating Penal Code section 245, subdivision (a) (assault with a deadly weapon or force).

On February 28, 1977, a complaint was filed in the Municipal Court for the San Leandro-Hayward Judicial District, alleging that petitioner had committed two counts of violating section 245, subdivision (a) of the Penal Code. On March 2, 1977, petitioner entered a plea of not guilty. On March 15, 1977, a preliminary hearing was held, and the petitioner was held to answer as charged.

On March 28, 1977, an information was filed in the Superior Court of Alameda County, alleging two violations of Penal Code section 245, subdivision (a). On March 29, 1977, petitioner was arraigned, and Dr. Morris and Dr. Komisaruk were appointed, under Penal Code section 1368, to examine the defendant. On April 14, 1977, pursuant to Penal Code section 1368, the court made a finding that the petitioner was within the meaning of section 1368, and he was committed to Atascadero State Hospital.

On December 20, 1977, the petitioner was returned to court from Atascadero State Hospital and was found competent to stand trial. Accordingly, criminal proceedings were reinstated. On January 25, 1978, petitioner’s motion to dismiss pursuant to Penal Code section 995 was denied. This petition was filed January 26, 1978.

Petitioner contends that at the time of the preliminary hearing, he was incompetent to cooperate with his counsel, and therefore, his motion to dismiss the information pursuant to Penal Code section 995 should have been granted.

Chambers

Municipal Court

(1974) 43 Cal.App.3d 809 [118 Cal.Rptr. 120], counsel for defendant who was charged in a felony complaint with battery on a peace officer and resisting arrest informed the municipal court his client was not mentally competent and moved for a suspension of proceedings under Penal Code section 1368, subdivision

Miller v. Superior Court

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PAIR, J.

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