People v. Mayzes CA1/2

Filed 5/9/23 P. v. Mayzes CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and A163871 Respondent, v. (Contra Costa County TOMAS MAYZES, Super. Ct. No. 5-192132-9, 2-333648-4, 2-334204-5) Defendant and Appellant.

Tomas Mayzes appeals from orders finding him not competent to stand trial and committing him to the Department of State Hospitals pursuant to Penal Code section 1370 et seq.1 His appointed appellate counsel filed a brief setting forth the applicable facts and law pursuant to Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.) and People v. Blanchard (2019) 43 Cal.App.5th 1020, 1026 (Blanchard). Appointed counsel informed Mayzes that he could file a supplemental brief, but he has not done so. Our discretionary review of the record discloses no arguable issues, and we therefore affirm.

Further statutory references will be to the Penal Code except as 1

otherwise specified.

1

BACKGROUND On November 22, 2019, an information was filed in Case No. 5-192132- 9 charging Mayzes with five felonies committed on or about April 2, 2016: Driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a) (count 1); receiving stolen property (motor vehicle) (§ 496D, subd. (a) (count 2); fleeing a pursuing peace officer’s motor vehicle while driving recklessly (Veh. Code, § 2800.2) (count 3); fleeing a pursuing peace officer’s motor vehicle and driving against traffic (Veh. Code, § 2800.4) (count 4); and resisting an executive officer (§ 69) (count 5). Mayzes initially pleaded not guilty. On February 10, 2020, the information was amended to charge count 1 as a misdemeanor and add a misdemeanor count of resisting a peace officer (§ 148, subd. (a)) (count 6). Mayzes withdrew his not guilty plea and entered a plea of no contest to the felony charged in count 3 and the misdemeanor counts 1 and 6. The remaining charges were dismissed. On the same date, Mayzes was placed on formal probation for a period of three years, with 90 days to be served in county jail. On December 1, 2020, a complaint was filed in Case No. 2-333648-4, alleging that on or about November 26, 2020, Mayzes committed an assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) and personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). The preliminary hearing was continued a number of times and ultimately set for April 27, 2021.2 Meanwhile, Mayzes was released on his own recognizance. On March 10, a complaint was filed in Case No. 2-334204-5 alleging that Mayzes committed an assault with a deadly weapon (BB gun) on March 8, while released from custody on bail or own recognizance in Case