Martinez

This is an appeal by defendant James Martinez from a judgment convicting him of assault with force likely to produce great bodily injury, in violation of Penal Code, section 245.

The record shows that defendant was charged with the above-mentioned offense by information wherein there was also alleged a prior felony conviction. Defendant was arraigned and entered a plea of not guilty. The allegation of a prior conviction was deemed denied. Defendant also reserved his right to plead not guilty by reason of insanity. He subsequently entered such a plea.

When the matter .came on for trial, the court expressed some doubt about defendant’s present sanity and directed that proceedings be initiated under Penal Code, section 1368, to determine whether defendant was competent to stand trial. Thereafter, on the basis of such proceedings, the court found defendant presently insane and committed him to Agnews State Hospital until such time as he recovered his sanity.

Defendant remained at Agnews State Hospital for two years. On October 14, 1971, defendant was found competent to stand trial, and criminal proceedings were reinstituted. On November 22, 1971, defendant was rearraigned…