for Partial Publication[*]]
Cal.Rptr.3d 397] APPEAL from an order of the Superior Court
of Fresno County. Jonathan M. Skiles, Judge. (Super. Ct. No.
[Copyrighted Material Omitted]
Thompson, Martinez, under appointment by the Court of Appeal,
for Defendant and Appellant.
Becerra, Attorney General, Michael P. Farrell, Assistant
Attorney General, Kimberley A. Donohue and R. Todd Marshall,
Deputy Attorneys General, for Plaintiff and Respondent.
Appellant Ronnie Earl Howell, Sr., contends the trial court
order authorizing the involuntary administration of
antipsychotic medication is not supported by substantial
evidence and must be reversed. In an issue of first
impression, Howell also contends that Senate Bill No. 1187
(2017-2018 Reg. Sess.) (Sen. Bill 1187) is retroactive and
the maximum term of commitment for restoration of his
competency should be reduced from three to two years.
conclude substantial evidence supports the order for
involuntary administration of antipsychotic medication. In
the published portion of this opinion, we also conclude that
Sen. Bill 1187 is not retroactive.
FACTUAL AND PROCEDURAL SUMMARY
Fresno County District Attorney filed a complaint in case No.
F18902563 (case No. 563) on April 17, 2018. The complaint
charged Howell in count 1 with felony driving under the
influence of alcohol (Veh. Code, § 23152, subd. (a)); in
count 2 with driving with an elevated blood alcohol level
(Veh. Code, § 23152, subd. (b)); and in count 3 with hit and
run driving (Veh. Code, § 20002, subd. (a)). Vehicle Code
section 23550.5, subdivision (a) enhancements, alleging a
prior Vehicle Code section 23152, subdivision (b) conviction,
were alleged as to counts 1 and 2. It also was alleged that
Howell had suffered numerous prior felony convictions and had
served prior prison terms.
July 10, 2018, the trial court appointed the public defender
to represent Howell. Howell pled not guilty to the charges
and denied all allegations and enhancements. The public
defender declared a conflict and on July 13, 2018, the public
defender was relieved as counsel and alternate counsel was
appointed to represent Howell.
was the defendant in another criminal proceeding in case No.