P. v. Brackett CA3
In August 2021, defendant Demond Charles Brackett was charged with resisting an executive officer (Pen. Code, § 69; statutory section citations that follow are found in the Penal Code), felony vandalism (§ 594, subd. (b)(1)), and making criminal threats (§ 422, subd. (a)). It was further alleged defendant suffered a prior serious felony. (§§ 667, subd. (d), 1170.12, subd. (b).)
On September 8, 2021, defendant moved to relieve his current counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. After holding a hearing, the court denied defendant’s request.
On September 15, 2021, defense counsel declared a doubt as to defendant’s mental competency (§ 1368) and the trial court suspended proceedings. The court appointed a psychologist to examine defendant.
On September 27, 2021, defendant filed an appeal solely from the September 8, 2021, order denying his Marsden motion.
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