Burnett

This case pertains to the nature of the evidence a trial court must consider before determining whether a criminal defendant is competent to waive counsel and the standard by which that determination is to be made.

Appellant Robert L. Burnett was originally charged with four counts of fraudulent use of the credit card of another (Pen. Code, § 484f, subd. (2)) and one count of misdemeanor obstruction of a police officer. (Pen. Code, § 148.) The information also alleged he had suffered seven prior felony convictions within the meaning of Penal Code section 667.5, subdivision (b). On April 20, 1981, the trial court found appellant not guilty by reason of insanity and committed him to Atascadero State Hospital pursuant to Penal Code section 1026 “until restored to mental competence.” Appellant’s maximum commitment was not to exceed seven years and four months.

In May 1982, appellant filed an application under Penal Code section 1026.2 for restoration of sanity upon the ground that if released from the state hospital he “would no longer be a danger to the health and safety of others, including himself.” (Pen. Code, § 1026.2, subd. (e).) A jury disagreed and the trial court…