Fear Not Law Articles: P. v. Davalos

P. v. Davalos

Filed 2/21/07 P. v. Davalos CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

MARIO DAVALOS,

Defendant and Appellant.

B189188

(Los Angeles County

Super. Ct. No. YA057190

APPEAL from a judgment of the Superior Court of Los Angeles County, Francis J. Hourigan III, Judge. Affirmed.

Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Tasha G. Timbadia, Deputy Attorneys General, for Plaintiff and Respondent.

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Mario Davalos was charged with three counts of kidnapping and one count of robbery, with allegations that he had used a deadly weapon, suffered two prior serious felony convictions that also qualified as strikes, and served one prior prison term.[1] After Davalos's mental competency was questioned and experts were appointed to evaluate him, Davalos (as part of a plea agreement) waived his right to jury as to the issues of competency and guilt, was found competent to stand trial, and then was convicted of three counts of false imprisonment and one count of robbery, with true findings on allegations that he had suffered one prior serious conviction that also qualified as a strike and served one prior prison term. (Pen. Code, §§ 236, 211, 667, subd. (a)(1), 1170.12, subds. (a)-(d), 667.5, subd. (b).)[2] As agreed, he was sentenced to state prison for a term of 15 years. Davalos appeals, challenging the sufficiency of the evidence that he was competent to stand trial. Our examination of the record shows the finding is supported by substantial evidence, and we therefore affirm the judgment.

DISCUSSION

Before trial, defense counsel expressed a doubt about Davalos's competency to stand trial. Experts were appointed and the following evidence was presented at the competency hearing.

Dr. Kyle Boone, a clinical psychologist, tested Davalos and concluded that his I.Q. was in the range of 51-61, and that he was not malingering but was developmentally disabled. Dr. Boone opined that Davalos was mildly mentally retarded, had a â€

Description	Defendant was charged with three counts of kidnapping and one count of robbery, with allegations that he had used a deadly weapon, suffered two prior serious felony convictions that also qualified as strikes, and served one prior prison term. After Davalos's mental competency was questioned and experts were appointed to evaluate him, Davalos (as part of a plea agreement) waived his right to jury as to the issues of competency and guilt, was found competent to stand trial, and then was convicted of three counts of false imprisonment and one count of robbery, with true findings on allegations that he had suffered one prior serious conviction that also qualified as a strike and served one prior prison term. (Pen. Code, SS 236, 211, 667, subd. (a)(1), 1170.12, subds. (a)-(d), 667.5, subd. (b).) As agreed, he was sentenced to state prison for a term of 15 years. Davalos appeals, challenging the sufficiency of the evidence that he was competent to stand trial. Our examination of the record shows the finding is supported by substantial evidence, and court therefore affirm the judgment.
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