P. v. Delacruz CA5
On April 30, 2021, the Merced County District Attorney filed a complaint charging defendant with one count of making criminal threats. (Pen. Code, § 422.) At a hearing on May 19, 2021, defense counsel declared a doubt as to defendant’s competency. The court suspended criminal proceedings pursuant to section 1368 and appointed a Dr. Zimmerman to evaluate defendant.
Dr. Zimmerman prepared a report. Based on the report, the court declared defendant incompetent to stand trial on July 2, 2021.
On July 20, 2021, defendant filed a written Marsden motion. A declaration attached to the motion appears to have been preprinted, with blanks where defendant’s name was handwritten. The declaration had several preprinted grounds for the Marsden motion, with a checkbox next to each.
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