P. v. Pollard
Defendant and appellant Theopolis Pollard, Jr., was convicted by jury of robbery (Pen. Code, § 211),[1] second degree commercial burglary (§ 459), forgery (§ 476), and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)). The trial court found defendant had suffered two prior convictions under the three strikes law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), had two prior serious felony convictions (§ 667, subd. (a)), and had served a prior prison term (§ 667.5, subd. (b)).
Defendant was sentenced to 25 years to life for the robbery, enhanced by 10 years for the section 667, subdivision (a) prior convictions, for a total of 35 years to life. Identical 35 years to life sentences were imposed for the second degree commercial burglary and the forgery, but those terms were stayed (§ 654). A concurrent term of 35 years to life was imposed for the dissuading a witness conviction.
In his timely appeal from the judgment, defendant argues his Sixth and Fourteenth Amendment rights to confront witnesses were violated when the trial court relied on a certificate of competence from the medical director of Patton State Hospital (Patton) in finding that defendant had regained his competency to stand trial. Defendant further argues he satisfied his burden of proving continuing incompetence at the section 1368 hearing after being returned from Patton. Finally, defendant contends the evidence is insufficient to support his forgery conviction.
We hold that competency proceedings are not criminal trials for purpose of the Sixth and Fourteenth Amendments. Substantial evidence supports the trial court's finding that defendant had regained competency to stand trial. The forgery conviction is also supported by substantial evidence. We affirm.
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