Rodriguez v. Superior Court
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In 2016, Rodriguez was charged in two criminal cases. In 2018, the court found Rodriguez not competent and signed an order committing Rodriguez. The order stated the “maximum term is 3 years minus 0 days actual credit” Later, the court found Rodriguez’s competency restored and reinstated the criminal proceedings. Rodriguez was present in court and waived time for trial. Almost four months later, the court again declared a doubt about Rodriguez’s competency and suspended the proceedings. The court later found Rodriguez not competent and ordered that Rodriguez be committed for placement in a locked psychiatric facility.
Rodriguez claimed that, although certification of his mental competency had been filed, he had reached the two-year maximum period for an incompetency commitment under Penal Code 1370(c)(1) before a judicial hearing on the certification had been held, so that the trial court lacked authority to hold such a hearing. The court of appeal concluded that Rodriguez’s maximum commitment period has not yet run.
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