Conviction for attempted murder, assault by means likely to produce great bodily injury, aggravated mayhem, and the unlawful taking of a vehicle is affirmed where although trial court erred when it refused to hear defendant's Marsden motions during the period when criminal proceedings were suspended, and should have conducted a hearing even though defendant's competence to stand trial was undetermined, the error was harmless and unprejudicial.
APPEAL from a judgment of the Superior Court of Los Angeles County, Patrick T. Meyers, Judge. Modified and affirmed.
SECOND APPELLATE DISTRICT, DIVISION FOUR
Decided: June 22, 2009
Before: SUZUKAWA, J., EPSTEIN, P.J., MANELLA, J.
Opinion by: SUZUKAWA, J.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.
Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.