Chambers

Tammie Yvonne Aiken Chambers seeks a writ of prohibition restraining the Municipal and Superior Courts of San Diego from going forward with a preliminary hearing and possible superior court arraignment on a felony complaint charging her with battery on a peace officer (Pen. Code, § 243) and resisting arrest (Pen. Code, § 148).

She challenges the constitutionality of Penal Code section 1368.1 (Stats. 1974, ch. 1511, enacted as an urgency statute, filed Sept. 27, 1974), arguing she will be denied effective representation and due process if the preliminary hearing is held, for she cannot cooperate with her counsel in the preparation of her defense. She is being held at Community Mental Health with a diagnosis of schizophrenia. Her counsel has made this challenge.

Chambers’ attorney informed the municipal court on November 6,1974, she was not mentally competent and asked for a suspension of proceedings under Penal Code section 1368, subdivision (b). Although both the court and the prosecution agreed with counsel’s assessment of his client’s mental condition, the motion was denied and a preliminary hearing date was set under the mandate of Penal Code section 1368.1.

Where a…