The Second Appellate District denied as a moot a petition for habeas corpus. Addressing the issue raised therein, the court nonetheless held that the transfer of an inmate from county jail to a state mental hospital a mere six days prior to the expiration of the 90-day period allotted by state statute for evaluation of the inmate’s potential competence to stand trial was untimely.
Freddy Mille was charged with attempted kidnapping. Having been found incompetent to stand trial, Mille was remanded to the custody of the county sheriff for transfer to Patton State Hospital. Mille was to be transferred to Patton both for the purpose of care and treatment to restore competence to stand trial and so that the hospital could evaluate Mille’s progress toward recovery of competence and file a written report regarding that progress with the trial court. Under Penal Code §1370(b)(1), the hospital director had 90 days to file its report with the trial court.
