People v. Superior Court (Campbell)

Good Law
124 Cal. Rptr. 158·1975 Cal. App. LEXIS 1388·51 Cal. App. 3d 459
Court of Appeal of CaliforniaSeptember 17, 1975Docket Nos. 46415, 27098, 27020California1,128 words

Opinion

Opinion

Kingsley, J.

I

These three cases all involve the validity of an order of the trial court, in a proceeding under section 1368 of the Penal Code, to determine the competency of defendant Campbell to stand trial on a charge of armed robbery. The right of a defendant, committed for observation and treatment under such an order, to appeal was determined by the Supreme Court in People v. Fields (1965) 62 Cal.2d 538 [ 42 Cal.Rptr. 833 , 399 P.2d 369 , 16 A.L.R.3d 708 ]. The parties stipulated that all three cases involved only a single issue and that all three could be decided on the briefs and records filed in all three cases. Accordingly, we decide the issue before us on Campbell’s appeal and the two proceedings initiated by the People'(an appeal in case No. Crim. 27098, and a petition for a writ of mandate in case No. Civ. 46415) need not be determined. Accordingly, we dismiss the appeal in Crim. No. 27098 and deny the petition for a writ of mandate in Civ. No. 46415.

II

Defendant was duly charged with armed robbery. He pled not guilty. Because of a conflict of interest on the part of the public defender, private counsel, John Lynch Henning, Esq., was appointed to represent him. That…

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