People v. Parker

Summary

The California Court of Appeal affirmed an order tolling the two-year maximum commitment period for Dewayne Keith Parker, who had been found incompetent to stand trial in concurrent Fresno and Napa County proceedings. The court held that the Napa County court could equitably toll the commitment period while Parker was unavailable because of the Fresno County proceedings. The court rejected Parker’s due process and equal protection challenges.

Holdings

1. A court may exercise its inherent equitable power to toll the two-year maximum commitment period under Penal Code section 1370 when good cause delays the restoration hearing, including when the defendant is unavailable because of ongoing criminal and competency proceedings in another county.
2. Parker did not establish that tolling violated due process or that a conservatorship was required as the least restrictive treatment alternative.
3. The court declined to reach Parker's equal protection claim because he failed to raise it in the trial court.
4. Parker failed to establish ineffective assistance of counsel on the existing record.

Questions Presented

1. Whether the Napa County Superior Court could equitably toll the two-year maximum commitment period under Penal Code section 1370 while Parker was unavailable in Fresno County because of separate criminal and competency proceedings.
2. Whether tolling the commitment period violated Parker's due process rights.
3. Whether tolling the commitment period violated Parker's equal protection rights.
4. Whether trial counsel rendered ineffective assistance by failing to raise the equal protection claim below.

Disposition

affirmed