People v. Quintero CA5

Filed 5/4/22 P. v. Quintero 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082361 Plaintiff and Respondent, (Super. Ct. No. BF177886A) v.

FERNANDO QUINTERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment.

* Before Levy, Acting P. J., Franson, J. and Peña, J.

We provide the following description of the procedural history and facts of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) STATEMENT OF THE CASE On August 20, 2019, Fernando Quintero was charged with one felony count of arson to a structure (Pen. Code, § 451, subd. (c)) and one misdemeanor count of arson with intent to defraud (Pen. Code, § 451, subd. (d)). On August 30, 2019, the trial court suspended criminal proceedings for a competency evaluation (Pen. Code, § 1368), and on September 20, 2019, found Quintero not competent to stand trial. On October 18, 2019, Quintero was committed to the Department of Mental Health, pursuant to Penal Code sections 1370/1370.01, for a maximum of two years. On November 5, 2020, the trial court dismissed the misdemeanor count and adopted the findings of the Behavioral Health and Recovery Services and found Quintero not likely to become competent in the foreseeable future. The court ordered the Kern County Public Conservator to evaluate Quintero for a possible conservatorship proceeding. On November 9, 2020, Quintero filed a motion to dismiss the underlying charges pursuant to Jackson v. Indiana (1972) 406 U.S. 715 and People v. Quiroz (2016) 244 Cal.App.4th 1371 (Quiroz motion), arguing that, if a defendant has served the maximum period of confinement and is not likely to be restored to competency, the criminal action must be dismissed if the defendant does not qualify for a Murphy conservatorship (Welf. & Inst. Code, § 5008). At the time, the conservatorship evaluation was still pending. The People filed an opposition to the motion, arguing that Quintero posed a danger to the community and himself, and that his mental disabilities significantly impaired his ability to weigh and consider the costs which violent and/or criminal acts might entail. The People argued that dismissing charges and releasing Quintero would not serve anyone’s interests.