P. v. McGowan CA2/8
On January 4, 2016, defendant Derrick Shawn McGowan was charged by information with two counts of attempted second degree robbery (Pen. Code, § 213, subd. (b); counts 1&2), a felony, and one count of possession of a controlled substance (Health & Saf. Code, § 11377), a misdemeanor. As to counts 1 and 2, it was alleged that he had suffered a prior serious felony conviction (§ 667, subd. (a)(1)) that qualified as a strike under the “Three Strikes” law (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)).
After declaring a doubt as to defendant’s mental competency to stand trial, the trial court appointed medical experts to examine him. Counsel stipulated to submit the matter on their reports. The trial court determined defendant was mentally competent to stand trial (§ 1368) and to understand the proceedings taken against him and that he was able to assist defense counsel to conduct his defense.
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