Tracy

On May 3, 1968, in action No. C-19511, the district attorney of Orange County filed a six-count information charging appellant, Michael Andrew Tracy, with three counts of robbery (Pen. Code, §211), one count of kidnapping for the purpose of robbery (Pen. Code, § 209), one count of grand theft (Pen. Code, §§ 484-487), and one count of driving a vehicle without the consent of the owner (Veh. Code, §10851). A co-defendant was jointly charged with the robberies and with kidnapping for the purpose of robbery. The information also charged Tracy was armed with a deadly weapon at the time of each robbery.

On May 3, 1968, the public defender was appointed to represent Tracy, who was then arraigned, entered a plea of not guilty to all counts, and demanded a jury trial. The case was set for trial in Department V on June 26, 1968. On the trial date, Tracy appeared with the public defender in Department V, and the case was sent to Department I for change of plea. However, in Department I, the public defender moved to institute proceedings under Penal Code section 1368 and requested a hearing to determine Tracy’s present sanity. The motion was granted. Criminal proceedings were…