Bye

Defendant had been charged with one count of petty theft with a prior (Pen. Code, §§ 484, 666) and one count of burglary (Pen. Code, § 459).

On March 13, 1980, the criminal proceedings were suspended and a hearing to determine defendant’s mental competency pursuant to Penal Code sections 1368 and 1369 was ordered. Ultimately, there was a jury trial on the issue. The defendant called no witnesses. The People called two psychiatrists who testified defendant was not mentally competent to stand trial. Over defendant’s objection, the jury was instructed the burden of proof was the “preponderance of the evidence,” the standard prescribed in Penal Code section 1369, subdivision (f). The jury found defendant not competent to stand trial and the court ordered defendant committed to Patton State Hospital, where he remains.

Penal Code section 1368 et seq., constitute a comprehensive scheme for dealing with criminal defendants whose mental competency is suspect.

Section 1368 provides the court may order a hearing to establish the mental competence of defendant; when such a hearing has been ordered, the criminal proceedings are suspended.

Section 1369 provides either counsel for…