P. v. Romero CA4/3
A jury found defendant guilty of one count of making a false bomb report. (Pen. Code, § 148.1, subd. (c).) In a bifurcated proceeding, the court found true that defendant was previously convicted of a serious and violent felony (§§ 667, subds. (d), (e)(1), 1170.12, subd. (b)) and had previously served a prior qualifying prison term (§ 667.5, subd. (b)). The court struck the priors and imposed a two-year prison sentence, but suspended execution of the sentence in lieu of three years of formal probation.
The issue on appeal has nothing to do with the conviction or sentence per se. Rather, defendant contends the court erred by failing to hold a hearing pursuant to section 1368 to determine his mental competency to stand trial. He contends there was substantial evidence that he lacked competency. We disagree and affirm.
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