Calloway v. Super. Ct.Annotate this Case
Facing felony charges for a 2005 home-invasion robbery, Calloway was found incompetent to stand trial in 2006 under Penal Code 1368. After years of confinement under Penal Code1370.1—attempts to restore him to competency were unsuccessful—and two one-year civil commitments authorized by Welfare and Institutions Code 6500, Calloway was no longer subject to confinement in May 2011. His 2005 case remained pending. In 2011, Calloway was charged with an additional offense, and, in 2014, a jury found him competent to stand trial in that action. The Contra Costa District Attorney moved to reinstate proceedings in the 2005 case based on Calloway’s restoration to competence. Calloway challenged the trial court’s authority to do so, arguing that, at this point, the issue of his competence to stand trial in the 2005 case can only be reconsidered if the trial court receives a certificate of restoration from an official delineated in section 1372. The court of appeal agreed with Calloway that competency proceedings under 1370.1(b)(2) are inappropriate at this juncture in the 2005 case, but found that, under appropriate circumstances, the current competency of an individual in Calloway’s situation may properly be tested under section 1368, itself, without need for a certificate of restoration.