People v. Shelton CA4

California Court of Appeal Dec 7, 2015 No. F068364Unpublished

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Holding. The court held that the trial court erred in setting the defendant's maximum commitment term at six years rather than the statutory maximum of three years, but correctly denied the defendant's request for conduct credit for precommitment custody.

Issues

Whether the trial court erred in setting the defendant's maximum term of commitment to a state hospital at six years.
Whether a defendant found incompetent to stand trial is entitled to conduct credit under Penal Code section 4019 for time spent in custody prior to commitment.

Disposition. Modified and affirmed.

Quotations verified verbatim against the opinion

“the court should have committed Shelton to ASH for three years and it acted in excess of its jurisdiction when it committed him there for six years.”

“This statute does not apply to Shelton’s case, however, because he has not been convicted and begun serving a sentence.”

“The judgment is modified to reduce Shelton’s maximum term of commitment from six years to three years.”

Filed 12/7/15 P. v. Shelton CA4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068364 Plaintiff and Respondent, (Super. Ct. Nos. F13902009, v. F13902238, F13902309, F13902570, F13902781 & F13903365) DEDRICK DEBROSE SHELTON,

Defendant and Appellant. OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Sally Espinoza, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

Appellant Dedrick Debrose Shelton was found incompetent to stand trial in six different cases and committed to Atascadero State Hospital (ASH). On appeal, Shelton contends the court erred: (1) in setting his term of commitment at ASH; and (2) by its failure to calculate his conduct credit for the time he was in custody prior to being committed to the hospital. We find merit in his first contention and modify his term of commitment. In all other respects, we affirm. FACTS From March 4, 2013, through April 16, 2013, the Fresno County District Attorney filed six separate complaints charging Shelton with numerous felony charges and three prior prison term enhancements. On April 19, 2013, after a doubt arose as to Shelton’s mental competence, the court suspended criminal proceedings and appointed Dr. Harold Seymour and Dr. Doriann Hughes to examine Shelton. On August 23, 2013, the court found Shelton incompetent to stand trial, committed him to ASH, and set his maximum term of commitment at six years. On October 23, 2013, Shelton filed a petition for a writ of habeas corpus in the Fresno County Superior Court. On December 11, 2013, this court deemed Shelton to have filed a notice of appeal. DISCUSSION Shelton’s Maximum Term of Confinement Shelton contends the court acted in excess of its jurisdiction when it committed him to ASH for six years and that his commitment order must be modified to three years, the maximum term he could be committed there pursuant to Penal Code section 1370.1 Respondent concedes and we agree.

People v. Shelton CA4

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