P. v. Chavez
Defendant Jose Andrea Chavez, armed with a baseball bat, entered three fast food restaurants, threatened on-duty employees, and attempted to break open numerous cash registers. Los Angeles Police Department officers arrested Chavez, who was charged by information with one count of second degree robbery (Pen. Code, § 211)[1] and two counts of attempted second degree robbery (§§ 211, 664) with special allegations he had used a deadly and dangerous weapon to commit the attempted robberies (§ 12022, subd. (b)(1); counts 2 & 3). Represented by counsel, Chavez pleaded not guilty to the charges and denied the special allegations.
At a pretrial conference on August 29, 2012 the trial court declared a doubt about Chavez’s mental competence under section 1368. The court suspended criminal proceedings and ordered an examination of Chavez by a court-appointed mental health expert. At a hearing on October 19, 2012 the court reviewed a psychiatric evaluation prepared by the court-appointed expert, found Chavez competent to stand trial under section 1368, and resumed criminal proceedings. The court also heard and denied Chavez’s requests to have new counsel appointed for him under People v. Marsden (1970) 2 Cal.3d 118.
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