Hofferber

Defendant and appellant, Glen Hofferber, appeals from a judgment and order under section 1368 of the Penal Code committing him to a state mental hospital.

Facts

On September 24, 1974, appellant was charged with murder in connection with a shooting which occurred a month earlier. Appellant was arraigned and pled not guilty. On appellant’s own motion, the court appointed two psychiatrists to examine him. Both doctors concluded that defendant was insane at the time of the commission of the offense, and at the time at which he was examined. Counsel for both sides submitted the issue of defendant’s competence to stand trial on the psychiatric reports. The court then found appellant presently incompetent under Penal Code section 1368 and ordered him committed to the State Department of Health on November 13, 1974.

On January 14, 1976, the court received a certificate of competency and recalled appellant’s commitment. Appellant was again examined by two court-appointed psychiatrists, and following the receipt of their reports, a second hearing was held, under section 1368 to determine defendant’s competence to stand trial. At the hearing, both counsel stipulated that the…