People v. Martin CA5

Filed 11/9/23 P. v. Martin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085047, F085210 Plaintiff and Respondent, (Super. Ct. Nos. MCR071794 & v. MCR073503)

JARED ANDREW MARTIN, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Madera County. Dale J. Blea, Judge. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Ross K. Naughton and Sean M. McCoy, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Meehan, J.

INTRODUCTION Jared Andrew Martin (defendant) appeals the trial court’s order finding him not competent to stand trial in case Nos. MCR071794 and MCR073503 which have been consolidated here in one appeal. We affirm the trial court’s order. BACKGROUND On July 28, 2021, defendant was charged in case No. MCR071794 with battery by a prisoner upon a nonconfined person (Pen. Code, § 4501.51; count 1) and resisting an executive officer by force (§ 69; count 2). It was also alleged that defendant suffered a prior conviction for a serious or violent felony (§ 667, subds. (b)−(i)). On March 22, 2022, defendant was charged in case No. MCR073503 with criminal threats (§ 422, subd. (a)), a serious felony within the meaning of section 1192.7, subdivision (c). The complaint also alleged that defendant had suffered a prior conviction for a serious or violent felony (§ 667, subds. (b)−(i)) and that he suffered a prior conviction for a serious felony (§ 667, subd. (a)(1)). On April 4, 2022, defendant was arraigned on both cases and pleas of not guilty and denials to the special allegations were entered on his behalf. Defendant was originally granted the right to represent himself but his privilege was revoked because of his inappropriate and disruptive behavior, which led to him being removed from court. At his July 20, 2022 pretrial release hearing, the People expressed doubt as to defendant’s competence. The trial court said it would leave that for defense counsel to determine whether defendant is able to effectively assist counsel. On August 12, 2022, defendant asked to represent himself, disrupted the court and had to be removed from the courtroom again. Defense counsel informed the trial court that defendant refused his visit, would not speak with him, and wanted to represent himself. The court expressed its concern regarding defendant’s ability to assist in the