Wolozon

Having been found not guilty by reason of insanity of forced oral copulation and assault with intent to commit murder in May 1976, Steven Wolozon was committed to Atascadero State Hospital under section 1026 of the Penal Code. On March 9, 1981, the Alameda County District Attorney filed a petition pursuant to section 1026.5 to extend Wolozon’s commitment beyond the maximum prescribed term. After an order denying Wolozon’s motion to represent himself, a jury found that Wolozon had a mental disease, defect or disorder and by reason of such mental condition represents a substantial danger of physical harm to others. Wolozon appeals from this judgment.

Because we find that the trial court improperly denied appellant the right to represent himself and the denial of his motion mandates reversal of the judgment we need only discuss the pertinent facts on this issue.

On July 16, 1981, prior to the commencement of trial appellant informed the court that he wished to exercise his right to represent himself. The court queried appellant as to the reason for making such a request and appellant made the following statement:

The following day the court questioned appellant in…