Attorney Support Services for San Diego County and the Temecula Valley.

Eviction Services

Iron Law Eviction Services for San Diego County and Riverside County.

Jackson v. Superior Court

Filed 12/11/17 IN THE SUPREME COURT OF CALIFORNIA PATRICK LOWELL JACKSON, ) ) Petitioner, ) ) S235549 v. ) ) Ct.App. 4/2 E064010 THE SUPERIOR COURT OF ) RIVERSIDE COUNTY, ) ) Riverside County Respondent; ) Super. Ct. No. INF1500950 ) THE PEOPLE, ) ) Real Party in Interest. ) ____________________________________) A criminal defendant who is found incompetent to stand trial may be involuntarily committed for the purpose of determining if he or she is likely to regain competence. (Pen. Code, § 1370, subd. (a)(1)(B); all undesignated statutory references are to this code.) But the duration of commitment may not exceed “ ‘the reasonable period of time necessary to determine whether there is a substantial probability that [the defendant] will attain that capacity in the foreseeable future.’ ” (In re Davis (1973) 8 Cal.3d 798, 804 (Davis), quoting Jackson v. Indiana (1972) 406 U.S. 715, 738 (Jackson).) Guided by Davis and Jackson, the Legislature has set the maximum period of such commitment at three years. (§ 1370, subd. (c) (§ 1370(c)).) If at that point the defendant does not regain competence and is shown to be “gravely disabled” within the meaning of the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq. (LPS Act)), then the court must order conservatorship proceedings under the LPS Act (id., § 5350 et seq.). (§ 1370, subd. (c)(2).) Otherwise, the defendant is released. (See People v. Waterman (1986) 42 Cal.3d 565, 568 (Waterman).) In this case, defendant Patrick Jackson was found incompetent to stand trial and was involuntarily committed for three years, during which he did not regain competence. Because he was not made the subject of a conservatorship, he was released. Shortly after his release, the Riverside County District Attorney obtained a superseding indictment with identical charges under a new case number, as permitted by section 1387. Jackson was rearrested pursuant to the new indictment. He argues that because he had already been committed for the three years authorized by section 1370(c), the trial court was without power to order his rearrest notwithstanding the prosecution’s authority to dismiss and refile charges under section 1387. We hold that defendants in Jackson’s position can be rearrested on charges that are refiled under section 1387. But if the trial court again determines that a defendant is not competent to stand trial, the court is not permitted to ignore the fact that the defendant has already been committed. The defendant may be recommitted only for a period not exceeding the remaining balance, if any, of the three years authorized by section 1370(c). After that, the defendant must be placed under an LPS Act conservatorship if gravely disabled or released if not. I. A criminal defendant cannot be tried if he or she is not competent to understand the nature of the charges or the proceedings, or to rationally assist counsel in the conduct of a defense. (§ 1367, subd. (a).) A defendant who is not competent to stand trial may be involuntarily committed for the purpose …
Original document
Source: California Supreme Court