People v. Kemp CA5

Filed 1/15/16 P. v. Kemp CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069397 Plaintiff and Respondent, (Super. Ct. No. F11906349) v.

SAMUEL KEMP, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Levis† and James A. Kelley, Judges.‡

William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Poochigian, Acting P.J., Detjen, J. and Peña, J. †Retired judge of the Fresno Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. ‡Judge Levis presided over defendant’s change of plea hearing; Judge Kelley sentenced defendant.

PROCEDURAL AND FACTUAL SUMMARY Defendant Samuel Kemp, Jr., was charged in a felony criminal complaint filed on November 7, 2011, with failing to provide true registration information as a sex offender (Pen. Code, § 290.015, subd. (a)).1 The complaint alleged a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On November 18, 2011, the trial court suspended criminal proceedings pursuant to section 1368 and appointed two psychologists, Drs. Harold Seymour and Robert Taylor, to evaluate defendant’s competency to stand trial. Dr. Seymour reported defendant suffered from schizophrenia and was unable to competently assist with his defense. Dr. Taylor found defendant competent to stand trial. On January 20, 2012, the trial court appointed Dr. Brianna Satterthwaite to evaluate defendant’s competency. Dr. Satterthwaite also found defendant was incompetent to stand trial. The trial court found defendant incompetent to stand trial and ordered the suspension of criminal proceedings pending treatment for defendant. Defendant was committed to Atascadero State Hospital on March 26, 2012, for treatment for restoration of competency. On July 18, 2012, doctors at Atascadero State Hospital certified defendant was competent to stand trial pursuant to section 1372. On August 30, 2012, defense counsel informed the court she had doubts concerning defendant’s competency. The trial court reappointed Dr. Seymour to examine defendant. Dr. Seymour evaluated defendant and concluded he was competent to stand trial. On October 30, 2012, the trial court found defendant competent to stand trial and reinstated criminal proceedings. On October 3, 2013, the trial court granted defendant’s request to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806. The next day, however,