Shephard

This petition for writ of mandate presents the question whether defense counsel who declares a doubt as to defendant’s mental competence to stand trial and who intends, in the perceived best interests of his client, to argue such incompetence at the Penal Code section 1368 hearing, may be relieved by the trial court because defendant desires his counsel to argue for competence and present only evidence supporting that position.

The material facts are simple and not in dispute.

In April and early May 1984 two informations were filed against defendant charging commission of various robberies in March 1984. Defendant appeared and entered a plea of not guilty.

On May 9, 1984, defendant’s counsel, the public defender, declared a doubt as to defendant’s mental competence to stand trial, as provided in section 1367. Judge Robert Roberson, Jr., declared a doubt and hearing thereon was set for May 22. Defense counsel stipulated that the competency issue be submitted for determination by the court on the basis of a report previously prepared by Neena Sachin vala, M.D., a forensic psychiatrist.

On May 22, 1984, Judge Roberson found defendant incompetent to assist his counsel at…