Quintana v. Superior Court CA4/2

California Court of Appeal Dec 15, 2015 No. E064811Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that a defendant who challenges a certification of regained competence to stand trial is entitled to a hearing on the matter.

Issues

Whether a defendant is entitled to a hearing when challenging a certification that they have regained competence to stand trial.

Disposition. Petition granted; peremptory writ issued.

Quotations verified verbatim against the opinion

“Although Penal Code section 1372 does not expressly provide that a defendant who challenges a certification that he or she has regained or attained competence to stand trial is entitled to a hearing, case law recognizes that there is such a right.”

Filed 12/15/15 Quintana 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RAMON ALEXIS QUINTANA,

Petitioner, E064811

v. (Super.Ct.No. INF1401714)

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

Respondent;

THE PEOPLE,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. Ronald L. Johnson,

Judge. (Retired Judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant

to art. VI, § 6 of the Cal. Const.) Petition is granted.

Steven L. Harmon Public Defender, Laura B. Arnold, Deputy Public Defender, for

Petitioner.

No appearance for Respondent.

Michael. A. Hestrin, District Attorney, and Alan D. Tate, Senior Deputy District

Attorney, for Real Party in Interest.

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

respond. Real party in interest concedes that petitioner is entitled to the relief granted,

Quintana v. Superior Court CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

RAMON ALEXIS QUINTANA,

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

THE PEOPLE,

More from California Court of Appeal

Related research

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

MILLER J.

AI Brief