People v. Mosqueda CA1/2

Filed 5/16/23 P. v. Mosqueda CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Respondent, A166072

v. (Contra Costa County JASON IVAN MOSQUEDA, Super. Ct. No. 02003338522) Defendant and Appellant.

Jason Ivan Mosqueda appeals from orders finding him not competent to stand trial and committing him to the Department of State Hospitals (DSH) 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 Mosqueda that he could file a supplemental brief, but Mosqueda has not done so. Our discretionary review of the record discloses no arguable issues, and we therefore affirm.

1 Further statutory references will be to the Penal Code.

1

BACKGROUND A complaint filed on January 6, 2021, charged Mosqueda with one felony count of murder (§ 187, subd. (a)) and one misdemeanor count of disobeying a protective order (§ 273.6, subd. (a)). It was further alleged that in committing these offenses Mosqueda violated probation in three prior cases. Mosqueda entered a plea of not guilty on January 15, 2021. The preliminary hearing was set for February 26, 2021, then continued multiple times. On December 15, 2021, defense counsel expressed a doubt as to Mosqueda’s competency (§ 1368). Based on defense counsel’s comments and the court’s own observations, the court suspended criminal proceedings pursuant to sections 1367 and 1368.2 On January 5, 2022, the court appointed Alexis Smith, Psy.D., and Sumandeep Kaur, Psy.D., to evaluate Mosqueda. Initially, neither was able to render an opinion, and they were subsequently reappointed to review additional material. Both thereafter submitted reports concluding Mosqueda was not competent to stand trial. On July 20, 2022, the parties submitted on the competency reports. Based on the reports, the court found Mosqueda was not presently able to understand the nature and purpose of the proceedings against him and not able to assist and cooperate with counsel in presenting a defense. The court referred Mosqueda to the Contra Costa Conditional Release Program (CONREP) for a placement recommendation. (§ 1370, subd. (a)(2)(A).) On August 17, 2022, consistent with the CONREP recommendation, the court