People v. White CA5

Filed 4/22/22 P. v. White 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083226 Plaintiff and Respondent, (Super. Ct. No. F21902245) v.

EARL DEAN WHITE, JR.,

Defendant and Appellant

THE PEOPLE, F083534

Plaintiff and Respondent, (Super. Ct. No. M21902078)

v.

EARL DEAN WHITE, JR.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge.

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

Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Sally Espinoza, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- BACKGROUND In a misdemeanor complaint filed on February 5, 2021, in Fresno County Superior Court case No. M21902078, defendant Earl Dean White, Jr., was charged with one count of misdemeanor elder abuse (Pen. Code,1 § 368, subd. (c)). In a felony complaint filed on March 17, 2021, in Fresno County Superior Court case No. F21902245, he was charged with two counts of assault with a deadly weapon (§ 245, subd. (a)(1)). The superior court declared doubt as to defendant’s mental competency to stand trial and suspended criminal proceedings in case No. F21902245 on March 26, 2021, and case No. M21902078 on April 30, 2021. Following a July 15, 2021 hearing, the court found defendant incompetent to stand trial. On August 19, 2021, defendant was committed to the custody of the State Department of State Hospitals for restoration of competency treatment. He was awarded 158 days of custody credit. On August 23, 2021, defendant filed notices of appeal from the August 19, 2021 commitment order.2 He contends that the superior court erroneously failed to award conduct credit under section 4019.