Cal.Rptr.3d 217] Santa Clara County Superior Court Case Nos.:
B1795335, C1779663, Hon. Michele McKay McCoy, Judge (Santa
Clara County Super. Ct. Nos. B1795335, C1779663)
[Copyrighted Material Omitted]
B. Scott, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General of California, Jeffrey M. Laurence,
Senior Assistant Attorney General, Catherine A. Rivlin,
Supervising Deputy Attorney General, Allan Yannow, Deputy
Attorney General, for Plaintiff and Respondent.
Appellant Charlete Leelu appeals an order committing her to
the Department of State Hospitals based on a finding under
Penal Code section 1368 et seq. that she was incompetent to
stand trial on criminal charges. Although Leelu has
subsequently been deemed restored to competency and has
returned to the trial court for criminal proceedings, we
conclude her appeal is not moot. We further determine that
any error the trial court may have made in failing to appoint
a second mental health expert to evaluate her competency was
not prejudicial in light of the overwhelming evidence that
Leelu was not competent to stand trial.
Cal.Rptr.3d 218] I. FACTS AND PROCEDURAL
facts of Leelu’s alleged crimes are not relevant to this
appeal. On December 12, 2017, Leelu was charged by complaint
with misdemeanor trespass, in violation of Penal Code section
602, subdivision (m) in docket B1795335. That same day, the
trial court granted Leelu’s motion to represent herself.
December 15, 2017, in docket C1779663, Leelu was charged by
complaint with stalking, in violation of section 646.9,
subdivision (a). On December 28, 2017, Leelu made her first
appearance in the case. Leelu told the public defender and
the trial court that she wanted to represent herself. Leelu
asserted to the court, "I know my rights. I can have
jury trial representing myself. [¶] ... [¶] All psychiatry.
And they arrest me so many times in the past couple years,
but now I want to be candidate of U.S. senator. We need to
change to make a difference, as Donald Trump said." The
trial court stated, "I had some experience with Ms.
Leelu [in another department]. She is scheduled to be in my
department on Tuesday for trial. Based on her behavior here,
which included a very aggressive and physical demeanor in
terms of speaking to the Court and acting out at the podium,
and the way she’s addressing the Court and talking about her
case, I believe that I have a doubt, and so pursuant to
[section] 1368, criminal proceedings are suspended."
Leelu stated, "I will let all 32 million people know
this judge use police to harass me and my husband and always
do things, keeping asking money from me, no jury trial at
all. And the police chief right to hire and --."
January 4, 2018, the trial court suspended proceedings
against Leelu in docket B1795335 pursuant to section 1368.
That same day, the trial court appointed a ...