Day

Following a jury trial, defendant Burton Day was convicted of one count of violating Penal Code section 245, subdivision (b) (assault with a deadly weapon) and one count of violating section 148 (resisting a police officer). He was sentenced to four years in state prison and appeals from the ensuing judgment. Defendant contends the trial court erred in failing to determine retroactively whether he had been incompetent to stand trial even though the new trial motion tendering the issue was withdrawn. Defendant further contends his trial counsel was ineffective because he failed to timely challenge his competence. For the reasons expressed below, we will affirm the judgment.

Facts and Procedural Background

Given the nature of the contentions on appeal, a brief recitation of the facts underlying the offenses will suffice. On August 17, 1985, after being informed by a motorist that a pedestrian had thrown an object at his car on Interstate 80, California Highway Patrol Officer Robert Boobar spotted defendant walking along the freeway. Defendant matched the description given by the motorist. When asked by the officer if he had thrown an object at a passing car, defendant…