TYRONE B. v. Superior Court

Opinion

SIMS, Acting P. J.

Petitioner seeks a writ of mandate challenging the juvenile court’s failure to appoint an expert to evaluate petitioner’s competency to stand trial in accord with California Rules of Court, rule 5.645

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(undesignated rule references are to the California Rules of Court). Petitioner contends that the juvenile court improperly failed to appoint an expert after petitioner’s counsel expressed a doubt as to petitioner’s competency, instead determining that it first needed to “set this for the settlement conference and a fitness hearing and then take it up.” Petitioner also alleges that the juvenile court refused to file his motion for reconsideration.

After receiving opposition to the petition, we notified the parties that we were considering the issuance of a peremptory writ of mandate in the first instance.

(Palma v. U.S. Industrial Fasteners, Inc.

(1984) 36 Cal.3d 171 [203 Cal.Rptr. 626, 681 P.2d 893].) Further opposition has not been filed. We conclude the juvenile court erred by failing to consider the appointment of an expert to evaluate petitioner’s competency before proceeding further with the settlement conference and fitness hearing. We shall issue the peremptory writ.

[230]

FACTUAL AND PROCEDURAL BACKGROUND

A juvenile delinquency petition was filed on February 1, 2008, alleging that petitioner (now 26 years old) violated Penal Code section 288, subdivision (b)(1), in 1999. The People filed a motion asking that petitioner be declared an unfit subject for juvenile court. (Welf. & Inst. Code, § 707, subd. (b).)

During the detention hearing held on February 4, 2008, petitioner’s counsel stated that a colleague had interviewed petitioner. Counsel explained that petitioner did not have a “complete or even near complete grasp” of court processes, participants, or potential ramifications. Petitioner’s counsel asked that a doctor be appointed to evaluate petitioner’s competency, and the district attorney had no objection.