A judge can send a defendant to mental health treatment programs after their competency to stand trial has been questioned, the Fourth District Court of Appeal, Division Two, ruled July 11.
The published ruling clarifies that the diversion can be granted before the question of the competency has been decided. It affirms the opinion issued by the appellate division of Riverside Superior Court.
Case history
The decision comes from the case of Gerardo Velador, a man charged by the Riverside District Attorney with misdemeanor counts of battery on a peace officer, resisting a peace officer and reckless driving.
On Dec. 20, 2019, a Riverside judge—whom the
