P. v. Wolf CA2/2

Filed 4/2/13 P. v. Wolf CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B233289

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA063264) v.

DAVID WAYNE WOLF,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Cynthia Rayvis, Judge. Affirmed.

Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Lawrence M. Daniels and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant David Wayne Wolf appeals from the judgment of conviction following a jury trial in which he was convicted of one felony count of grand theft auto (Pen. Code, § 487, subd. (d)(1))1 (count 1) and two felony counts of attempted carjacking (§§ 664/215, subd. (a)) (counts 2 and 3). He was sentenced to the middle term of two years six months on count 2, with the same sentence on count 3 and the middle term of two years on count 1, both to run concurrently. On the date of his sentencing on November 19, 2008, he received 713 days of custody and work credit.2 Appellant contends the trial court violated his due process rights by not conducting a competency hearing postverdict and prior to sentencing. We disagree and affirm. BACKGROUND On July 24, 2007, prior to trial, defense counsel declared a doubt as to appellant’s competency to assist her, and stated that she had received an inconclusive psychologist’s report. The trial court suspended criminal proceedings and ordered another psychologist to examine appellant pursuant to Evidence Code section 730. On August 14, 2007, the trial court found appellant incompetent to stand trial based upon the two reports. The court ordered the criminal proceedings to remain suspended and that appellant be committed to Patton State Hospital until his competence was restored. The court also ordered that the hospital was authorized to involuntarily administer antipsychotic medication to appellant when and as prescribed by his treating psychiatrist. Patton State Hospital eventually declared appellant to be competent. On January 25, 2008, the trial court approved the certificate of mental competence and reinstated criminal proceedings.