P. v. Delacruz CA5
In a complaint filed April 30, 2021, the Merced County District Attorney charged defendant with one count of making criminal threats. (Pen. Code, § 422.)
On July 2, 2021, the court found defendant incompetent to stand trial. In an order filed August 6, 2021, the court directed the sheriff to deliver defendant into the custody of Napa State Hospital or another Department of State Hospitals facility. The order further provided that “upon it being determined that he has recovered his mental competence, he shall be redelivered to the Sheriff of Merced County, without delay, and without further order, and brought before this court for further proceedings against [defendant].”
At a hearing was held on November 5, 2021, to determine whether defendant had been delivered to a state hospital. It was discovered that defendant had not yet been transferred to a state hospital and the matter was continued to December 15, 2021. Defendant filed a notice of appeal on November 15, 2021.
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