P. v. Winans CA1/3
Defendant Charles Winans was declared mentally incompetent to stand trial (IST) for the second time on assault charges enhanced due to the infliction of great bodily injury. Though he was previously on outpatient treatment the first time he was deemed incompetent, the second time Winans was committed to Porterville Developmental Center (Porterville) under Penal Code sections 1370.1 and 1601 for treatment to restore his competency. The Department of Developmental Services (DDS), which operates Porterville, moved to vacate the order, arguing in part that Winans’s placement there was futile based on a psychologist’s opinion that Winans could not be restored to competency in the foreseeable future. The trial court declined to vacate the commitment. In these consolidated appeals, Winans appeals the trial court’s initial order revoking his outpatient status and seeks to vacate his Porterville placement as well as orders directing his involuntary medication.
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