Humphrey

In this appeal from judgments imposing concurrent state prison sentences as a result of violations of probation imposed in previously suspended criminal proceedings, appellant contends that the trial court erred in not, on its own motion, conducting a hearing on appellant’s present sanity pursuant to Penal Code section 1368 prior to entering judgment. We conclude that the record in the case at bench contains substantial evidence from which the inference is permissible that appellant lacked the capacity to cooperate with counsel or to assist in his defense. We thus reverse the judgments, remanding the matter to the trial court so that it may conduct a hearing pursuant to Penal Code sections 1367 and 1368.

On December 8, 1970, appellant was convicted of the crime of assault with intent to commit great bodily harm. On January 29, 1973, he was convicted of burglary. In each case proceedings were suspended and appellant was placed on probation. On January 17, 1974, the probation officer filed a report recommending that probation be revoked for appellant’s failure to pay a fine, failure to report as directed, failure to participate in a program of psychiatric treatment as…