P. v. Garcia CA2/8
Defendant Alfred Garcia, Jr., was charged by information with one count of making a criminal threat (Pen. Code, § 422, subd. (a)). It was also alleged that he personally used a deadly and dangerous weapon, and that he suffered a prior conviction for which he served a prison term (§§ 12022, subd. (b)(1), 667, subd. (a)(1), 667.5, subd. (b), 1170, subd. (h), 1170.12).
Proceedings were suspended after defense counsel declared a doubt as to defendant’s mental competence. Defendant was transferred Patton State Hospital. Patton opined that defendant was competent to stand trial, and after the court conducted a hearing at which the parties submitted on the letters from Patton, proceedings were resumed.
The jury found defendant guilty of making a criminal threat, and found the deadly and dangerous weapon allegation to be true. Defendant admitted his prior conviction.
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