Murrell

—A jury convicted defendant of second degree murder (Pen. Code, §§ 187, 188, 189) and two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). Defendant admitted he personally used a firearm in the commission of each of the offenses, within the meaning of Penal Code section 12022.5. (Further statutory references to sections of an unspecified code are to the Penal Code.) Defendant was sentenced to state prison.

On appeal, defendant contends the judgment must be reversed because (1) he was denied a jury trial on the issue of his mental competence, (2) he was mentally incompetent at the time of his preliminary examination, and (3) the jury was erroneously instructed in terms of CALJIC No. 3.34, and on the issue of implied malice. We shall affirm, dealing with the asserted denial of a jury trial on the issue of mental competence in the published part of this opinion and with the remaining issues in the unpublished part.

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II

Prior to trial, the superior court ordered defendant examined by a psychiatrist and a psychologist who were to render their opinions on defendant’s competence to stand trial pursuant to section 1368 et seq. After receiving their…