Zatko

This is an appeal by defendant Vladimir Zatko from a judgment convicting him of violating section 4500 of the Penal Code, in that while serving a life sentence in state prison, he, with malice aforethought, assaulted a person who was not an inmate with a deadly weapon or instrument.

Issues Presented

1. Did the trial court fail to determine if defendant was competent to act as his own attorney?

2. During trial did substantial evidence develop requiring the court to order a Penal Code section 1368 mental competency hearing?

3. Should defendant’s motion to quash the indictment have been ruled upon and granted by the trial court?

4. Was defendant prejudiced by being restrained during the trial?

5. Should the trial court have instructed the jury to disregard the restraints?

Statement Of Facts

There is no dispute as to the evidence produced at the trial, and the same may be summarized as follows: On the afternoon of April 4, 1974, defendant Zatko, who was serving a life sentence in San Quentin State Prison, went to the office of Chaplain Harry Howard and stated that he wanted to see him. When Howard told defendant that he was busy at the time, defendant sat down on a…