P. v. Fordjour
Filed 2/5/09 P. v. Fordjour CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. CHARLES FORDJOUR, Defendant and Appellant. | F056781 (Super. Ct. No. 07CM9015) OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kings County. Steven D. Barnes, Judge.
Charles Fordjour, in pro. per., for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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On January 8, 2009, appellant filed a notice of appeal in this court attempting to appeal from an order finding him mentally competent to stand trial within the meaning of Penal Code section 1368.
On January 9, 2009, this court issued an order granting appellant leave to address the appealability of the order finding him competent to stand trial. On January 23, 2009, appellant filed a letter brief claiming, without citation to authority, that the December 8, 2008, order finding him competent to stand trial was an appealable order.
DISCUSSION
A determination of mental competency is a non-appealable, interlocutory ruling and may be reviewed only on appeal from final judgment in the underlying criminal proceeding. (5 Witkin, Cal. Criminal Law (3d ed. 2000) Criminal Trial, 716, p. 1014; People v. Fields (1965) 62 Cal.2d 538, 541.)
The appeal is dismissed.
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* Before Ardaiz, P.J., Gomes, J. and Dawson, J.
