Rodriguez v. Superior Court CA4/2

California Court of Appeal Oct 31, 2014 No. E061819Unpublished

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Holding. The court held that because evaluators found no substantial likelihood that the petitioner would regain competence, the trial court must determine whether the petitioner is gravely disabled and whether a conservatorship should be initiated rather than ordering a retrial on competency.

Issues

Whether the trial court erred in ordering a retrial on competency instead of initiating conservatorship proceedings under Penal Code section 1370.

Disposition. Petition granted.

Quotations verified verbatim against the opinion

“the court should have made an initial determination as to whether petitioner is gravely disabled and a conservatorship should be initiated.”

“directing the Superior Court of Riverside County to vacate its order for a retrial on competency, and instead to conduct further proceedings consistent with this opinion.”

Filed 10/31/14 Rodriguez v. Superior Court CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

EDWARD RODRIGUEZ,

Petitioner, E061819

v. (Super.Ct.No. SWF1102367)

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

Respondent;

THE PEOPLE,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. Mark Mandio, Judge.

Petition granted.

Law Offices of Paul Grech, Jr., Paul Grech, Jr., and Trenton C. Packer for

Petitioner.

No appearance for Respondent.

Paul E. Zellerbach, District Attorney, and Ivy B. Fitzpatrick, Senior Deputy

District Attorney, for Real Party in Interest.

In this matter we have reviewed the petition and offered real party in interest the

opportunity to respond. Real party in interest agrees that petitioner is entitled to the relief

sought; accordingly, we grant the petition.

Rodriguez v. Superior Court CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

EDWARD RODRIGUEZ,

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

THE PEOPLE,

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON J.

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