Marcus Rogokos, 31, is also charged with use of a firearm in commission of a felony, intentional and personal discharge of a firearm, assault with a semiautomatic firearm and shooting at inhabited dwelling and stalking.
The trial — slated to be heard by Judge George Abdallah Jr. on Wednesday in Department 31 — was rescheduled to 8:15 a.m. on Jan. 18 in Department 25 due to an ongoing unrelated trial in Abdallah’s courtroom.
Jonathan Fattarsi, who is representing Rogokos, is also the defense attorney in the other case — further hindering the hearing.
Fattarsi told the judge on Wednesday that he was not prepared to go forward with the competency trial.
Abdallah agreed to delay Rogokos until Jan. 18 and moved the status hearing to Department 25.
After the proceedings, Fattarsi said that he could call a female doctor to testify that Rogokos is not competent to stand trial. But he is waiting to see the doctor’s report before proceeding on the case.
According to police, Rogokos is accused of firing a handgun into the am-pm store at 2430 Joe Pombo Parkway around 8:40 a.m. on Jan. 13, 2012.
No injuries were reported.
Rogokos remains in custody in San Joaquin County Jail in French Camp without bail.
Contact Denise Ellen Rizzo at 830-4225 or firstname.lastname@example.org.