P. v. Ford
In May 2007, a jury convicted defendant Kevin Ford of two counts of robbery and one count of vehicle theft. (Pen. Code, 211; Veh. Code, 10851, subd. (a).) The trial court found he had 10 prior convictions qualifying both as serious felonies and strikes. (Pen. Code, 667, subds. (a), (b)-(i).) The trial court sentenced him to state prison for 85 years to life. Defendant timely appealed. On appeal, defendant contends the trial court mishandled the procedures to determine his competency to stand trial, and no substantial evidence supports the finding of competency. Over the course of this case, seven psychologists were appointed to evaluate defendants competency. Five thought he was competent, and four of these found he was malingering, that is, faking or exaggerating his symptoms to avoid going to trial. One thought he was partly incompetent, and one thought he was fully incompetent, because of his low mental functioning. Defendant claims there was enough evidence of mental retardation, a type of developmental disability, to trigger a duty on the part of the trial court to appoint the director of the regional center for the developmentally disabled . . . to examine the defendant. (Pen. Code, 1369, subd. (a); see People v. Leonard (2007) 40 Cal.4th 1370, 1387-1391 (Leonard).)
Comments on P. v. Ford