P. v. Garcia
Filed 2/7/07 P. v. Garcia CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JOSE GUADALUPE LOPEZ GARCIA, Defendant and Appellant. | H030156 (Monterey County Super. Ct. Nos. SS041218A, SS041728A) |
Defendant Jose Guadalupe Lopez Garcia pled guilty to possession of a controlled substance (Health & Saf. Code, § 11350) in case No. SS041729A and threatening violence with the personal use of a deadly weapon (Pen. Code, §§ 422, 12022, subd. (b)(1))[1] in case No. SS041218A, for a prison sentence of two years, four months. After the plea, defendant was found to be mentally incompetent to stand trial, and was committed to a state hospital for a four-year term. On appeal, he challenges the length of the term and the order authorizing involuntary treatment with antipsychotic drugs.
FACTS
Three weeks after defendant pled guilty, defense counsel filed a motion for treatment pursuant to sections 1367 and 1368 declaring doubts of defendant's competence to stand trial and requesting a psychological examination. Criminal proceedings were suspended and doctors were appointed to examine defendant. Both doctors determined that defendant was incompetent to stand trial. On April 18, 2006, the trial court declared defendant incompetent to stand trial and committed him to a state hospital for a maximum term of four years. The minute orders in each case stated, â€
