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RODRIGUEZ v. SUPERIOR COURT

No. S272129.

15 Cal.5th 472 (2023)

MARIO RODRIGUEZ, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 14, 2023.

Attorney(s) appearing for the Case

Brian C. McComas , under appointment by the Supreme Court, for Petitioner.

Ellen McDonnell , Public Defender (Contra Costa), and Diana Garrido , Deputy Public Defender, for Contra Costa County Public Defender Office and California Public Defenders Association as Amici Curiae on behalf of Petitioner.

Emi MacLean and Kim Pederson for American Civil Liberties Union Foundation of Northern California and Disability Rights California as Amici Curiae on behalf of Petitioner.

DLA Piper and Justin R. Sarno for Silicon Valley De-Bug as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Jeffrey F. Rosen , District Attorney, Alexandra W. Gadeberg , Crystal Tindell Seiler and Barbara A. Cathcart , Deputy District Attorneys, for Real Party in Interest.

Summer Stephan , District Attorney (San Diego), Linh Lam and Jennifer Kaplan , Deputy District Attorneys, for the San Diego County District Attorney as Amicus Curiae on behalf of Real Party in Interest.

Rob Bonta , Attorney General, Cheryl L. Feiner , Assistant Attorney General, Gregory D. Brown and Kevin L. Quade , Deputy Attorneys General, for State Department of State Hospitals and State Department of Developmental Services as Amici Curiae on behalf of Real Party in Interest.

OPINION

A criminal defendant cannot be tried while mentally incompetent. (Pen. Code, § 1367, subd. (a).)1 Although such defendants may be involuntarily committed for the purpose of restoring their competency (see § 1370; Jackson v. Superior Court (2017) 4 Cal.5th 96...

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