Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. G.H.

California Court of Appeals, Fourth District, Second Division

October 30, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
G.H., Defendant and Appellant.

APPEAL from the Superior Court of Riverside County No. RIF10002279. Mark E. Johnson, Judge.

Page 1549

[Copyrighted Material Omitted]

Page 1550

[Copyrighted Material Omitted]

Page 1551

[Copyrighted Material Omitted]

Page 1552

COUNSEL

Steven L. Harmon, Public Defender, and Lisa M. Larson, Deputy Public Defender, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina, Brendon W. Marshall and Peter Quon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Page 1553

RAMIREZ P. J.

Defendant and appellant G.H. appeals from an order of the trial court correcting a previous order awarding defendant precommitment custody credits for time served against his three-year commitment to Patton State Hospital (Patton) pursuant to Penal Code[1] section 1368 et seq. On appeal, defendant argues that (1) section 1370, subdivision (a)(3)(C), mandates the trial court to deduct defendant’s precommitment custody credits from the maximum term of commitment; and (2) the denial of precommitment custody credits based upon the level of crime alleged violates a defendant’s rights to due process and equal protection. We reject defendant’s contentions and affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

On May 7, 2010, a complaint was filed charging defendant with felony elder abuse likely to produce great bodily harm and death (§ 368, subd. (b)(1)); assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)); and misdemeanor elder abuse likely to produce great bodily harm or death (§ 368, subd. (c)).

On September 8, 2010, defendant was arraigned, pled not guilty, and was remanded to the custody of the Riverside County Sheriff.

On September 17, 2010, defense counsel declared a doubt as to defendant’s competency to stand trial pursuant to section 1368. As a result, the trial court suspended criminal proceedings and appointed Drs. Craig C. Rath and Harvey Oshrin to evaluate defendant and to furnish the court with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.