Stanfill

Statement of the Case

Appellant was convicted by a jury of a felony violation of Penal Code section 12021 (ex-felon in possession of a concealable weapon) and two misdemeanor violations, Vehicle Code section 10852 (tampering with a vehicle) and Penal Code section 594 (vandalism).

On August 7, 1984, appellant’s jury trial began, but at the request of defense counsel a mistrial was declared. Proceedings were suspended so that appellant could be examined pursuant to Penal Code section 1368 to determine whether he was competent to stand trial.

On September 12, 1984, after submission of the matter on the two doctor’s reports, appellant was found to be competent for trial, criminal proceedings were reinstated, and jury trial was set for October 29, 1984.

On the first day of trial, defense counsel moved for a continuance to secure the attendance of the psychiatrist who had examined appellant after the earlier mistrial. This motion was denied, and trial continued through October 31, 1984, at which time appellant twice moved for a mistrial and renewed his motion for a continuance. These motions were denied, and appellant was convicted on all counts.

Appellant was sentenced to…