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Name: People v. Oglesby
Case #: G037796
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/07/2008

Where there was no new evidence presented, the trial court did not err by failing to hold a second competency hearing prior to sentencing. Appellant pleaded guilty to a domestic violence offense pursuant to a plea bargain which guaranteed him a stipulated sentence of six years, and was denied a certificate of probable cause. On appeal, he asserted that the trial court failed to sua sponte hold a second 1368 hearing prior to sentencing. Respondent argued that appellant’s failure to obtain a certificate of probable cause barred the issue on appeal. The appellate court held that no certificate of probable cause was required because appellant was not challenging the sentence, but the sentencing procedure; his appeal uniquely challenges only postplea sentencing procedures and not the plea. However, the court did not abuse its discretion by failing to suspend proceedings for a second competency determination before sentencing. Appellant’s competency was considered and ruled upon throughout the pretrial proceedings. There was no reason for the court to suspect his competency status had changed. On the contrary, the record reflects that appellant was aware of what was happening in his case.