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CRIMINAL LAW AND PROCEDURE
Criminal Law Case Summaries

■ People v. Bryant, No. B205295

I.  INTRODUCTION

            Defendant was committed to the state hospital pursuant to Penal Code[1] section 1370, subdivision (a)(1)(B).  On May 21, 2007, two psychiatrists, a psychologist, and a program assistant at Patton State Hospital signed a report prepared pursuant to section 1370, subdivision (b)(1).  The report recommended defendant be returned to superior court as he was competent to stand.  However, it was not until more than two months later on July 27, 2007, pursuant to section 1372, subdivision (a)(1), that the designee of the medical director at Patton State Hospital certified defendant was competent to stand trial.  Normally, an accused is not entitled to section 4019 presentence conduct credits for time spent in the state mental hospital against a subsequent sentence.  This is because the period of confinement while the accused is hospitalized is not considered punitive.  Here, we discuss when defendant became entitled to conduct credits—on May 21, 2007 when the hospital staff unanimously reported he was competent to stand trial or later on July 27, 2007, when the section 1372, subdivision (a)(1) medical certification was mailed to the trial court.  In light of the uncontradicted evidence defendant was competent as of May 21, 2007, he is entitled to conduct credits from that date against the sentence imposed after he was found in violation of a grant of probation. 

■ HELD:

Trial court judgment is affirmed and the sentence modified where defendant is entitled to Penal Code section 4019 presentence conduct credits from the date the hospital staff reported he was competent to stand trial even though the Penal Code section 1372 (a)(1) medical certification has not been mailed to the trial court, as the evidence demonstrated defendant's competency was unquestionably regained as of that date.
People v. Bryant -B205295-5/22/09 CA2/5
People v. Bryant -B205295-5/22/09 CA2/5-PDF
 

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