P. v. Arteaga
Filed 3/30/10 P. v. Arteaga CA6
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
LORENZO ARTEAGA,
Defendant and
Appellant.
H034322
(Santa Clara
County
Super. Ct.
No. CC815385)
Defendant
Lorenzo Arteaga was charged by felony complaint with failing to register as a sex offender (Pen. Code, §
290.015, subd. (a)).[1] The complaint further alleged that defendant
had 11 prior strikes. (§§ 667, subds.
(b)-(i), 1170.12.) The court granted
defendant's request to represent himself and he entered a not guilty plea. On the date set for the preliminary examination, the court
declared a doubt as to defendant's competency to stand trial (§ 1368) and
continued the matter. At the continued
hearing, the court appointed counsel to represent defendant over his
objection. (People v. Robinson (2007) 151 Cal.App.4th 606, 616.) Appointed counsel requested that the court
appoint two doctors to examine defendant.
The court granted the request.
On October 14, 2008, defendant's appointed
counsel waived the right to a jury trial for the section 1368 proceeding over
defendant's objection (People v. Harris
(1993) 14 Cal.App.4th. 984, 990-992), and the parties stipulated to a court
trial (People v. McPeters (1992) 2
Cal.4th 1148, 1168-1169). On January 5,
6, and 7, 2009, the court held a Marsden
hearing.[2] After hearing from defendant and his
appointed counsel, the court denied defendant's request to discharge counsel.
The section
1368 hearing was held on May 21, 2009. Defendant's appointed counsel called
defendant to testify. Defendant informed
the court that he believed that he remained under oath from his last
hearing. Defendant testified that he had
never been â€
| Description | Defendant Lorenzo Arteaga was charged by felony complaint with failing to register as a sex offender (Pen. Code, § 290.015, subd. (a)).[1] The complaint further alleged that defendant had 11 prior strikes. (§§ 667, subds. (b)-(i), 1170.12.) The court granted defendant's request to represent himself and he entered a not guilty plea. On the date set for the preliminary examination, the court declared a doubt as to defendant's competency to stand trial (§ 1368) and continued the matter. At the continued hearing, the court appointed counsel to represent defendant over his objection. (People v. Robinson (2007) 151 Cal.App.4th 606, 616.) Appointed counsel requested that the court appoint two doctors to examine defendant. The court granted the request. |
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