People v. Magana CA5

Filed 6/30/23 P. v. Magana 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084898 Plaintiff and Respondent, (Kern Super. Ct. No. DF016834A) v.

STEVEN CERVANTES MAGANA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Jose R. Benavides, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant and defendant Steven Cervantes Magana (appellant) has filed this appeal from the trial court’s order that found he was not competent to stand trial and committing him to the Department of State Hospitals pursuant to Penal Code section 1367 et seq.1 On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not filed a supplemental brief. We affirm. PROCEDURAL BACKGROUND Case No. DM099263A On January 4, 2022, a misdemeanor complaint was filed in the Superior Court of Kern County case No. DM099263A, alleging appellant committed the following misdemeanor offenses on or about December 29, 2021: count 1, criminal threats to H.C. (§ 422); count 2, brandishing a knife to H.C. (§ 417, subd. (a)(1)); and count 3, possession of narcotics paraphernalia (Health & Saf. Code, § 11364, subd. (a)). On January 13, 2022, appellant appeared in court with his appointed counsel, who expressed a doubt as to his competency to stand trial pursuant to sections 1367 and 1368. The trial court declared a doubt as to appellant’s competency, suspended criminal proceedings, and appointed Dr. Musacco to examine him pursuant to section 1368. On February 10, 2022, the court heard and denied appellant’s motion to discharge his appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. On March 10, 2022, the court convened a hearing to review a report from Kern Behavioral Health and Recovery Services (KBHRS). Appellant was present with his attorney. The court stated that according to the report appellant was not appropriate for