P. v. Choe
Filed 9/26/11 P. v. Choe CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. JONG M. CHOE, Defendant and Appellant. | B219216 (Los Angeles County Super. Ct. No. BA208096) ORDER MODIFYING OPINION; ORDER DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on September 15, 2011, be modified as follows:
Insert the following paragraph on page 11, following the first full paragraph:
Appellant also contends that the failure to follow the procedures of section 1369 and appoint the regional director violated his rights under the United States Constitution to due process and a fair trial. Assuming for the sake of argument that this claim were not waived (see People v. Mixon (1990) 225 Cal.App.3d 1471, 1479 [due process claim pertaining to competency forfeited]), the claim would fail. "The federal Constitution requires the states to 'observe procedures adequate to protect a defendant's right not to be tried or convicted while incompetent to stand trial.' (Drope v. Missouri (1975) 420 U.S. 162, 172, 95 S.Ct. 896, 43 L.Ed.2d 103.) Here, notwithstanding the trial court's failure to obtain an evaluation from the director of the regional center for the developmentally disabled, defendant's competency trial protected his right not to be tried or convicted while incompetent." (People v. Leonard, supra, 40 Cal.4th at p. 1391 [defendant was evaluated by professionals with expertise with developmental disability].)
The petition for rehearing is denied.
This modification does not change the judgment.
____________________________________________________________________
ARMSTRONG, Acting P. J. MOSK, J. KRIEGLER, J.
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