People v. Bell

I agree with the majority in affirming defendant’s convictions. I further agree that if in fact the trial court erred in allowing defendant to testify over his attorney’s objection, the error would be harmless. I disagree in the first instance, however, that the trial court erred in allowing defendant to testify.

Based primarily on the reasoning in People v. Allen (2008) 44 Cal.4th 843 [ 80 Cal.Rptr.3d 183 , 187 P.3d 1018 ] (Allen), I would hold that defendant has a right under the due process clauses of the federal and state Constitutions to testify over the objection of his counsel.

As with the majority, I find no case directly on point. While in People v. Harris (1993) 14 Cal.App.4th 984 [ 18 Cal.Rptr.2d 92 ], the court did indicate *1088 that a defendant should be allowed to testify in a competency proceeding over the objection of his attorney, the issue itself was not squarely before the court. In People v. Bolden (1979) 99 Cal.App.3d 375 [ 160 Cal.Rptr. 268 ], where the defendant did testify over the objection of his attorney, the issue on appeal was whether his counsel was inadequate in pursuing a finding of incompetency over the objection of the defendant himself; the…

I

INTRODUCTION 1

On October 15, 2007, defendant Johnny Lee Bell set fire to some rags, some towels, and a chair that were piled on top of his mother’s car, which was parked in front of her house. He also set fire to some adult diapers and other items near a back gate of the house, causing the gate to catch fire. A neighbor witnessed him setting fire to the items on the car. Defendant was arrested near the house and found to be carrying a lighter.

Prior to trial, defendant’s trial counsel raised a doubt as to defendant’s competency, and a jury trial on his competency was held. Defendant testified against his trial counsel’s recommendation. After defendant was found competent to stand trial, he was convicted by a jury of arson of property and attempt to bum property.

Defendant makes one claim on appeal: The trial court violated his state and federal rights to due process by finding he could testify at his competency trial over his trial counsel’s objection.

We find that trial counsel representing a defendant whose competency is in doubt should be in charge of the trial proceedings, including whether the defendant should testify as to his own competency. As such, the…

RICHLI, Acting P. J.—

On October 15, 2007, defendant Johnny Lee Bell set fire to some rags, some towels, and a chair that were piled on top of his mother's car, which was parked in front of her house. He also set fire to some adult diapers and other items near a back gate of the house, causing the gate to catch fire. A neighbor witnessed him setting fire to the items on the car. Defendant was arrested near the house and found to be carrying a lighter.

Prior to trial, defendant's trial counsel raised a doubt as to defendant's competency, and a jury trial on his competency was held. Defendant testified against his trial counsel's recommendation. After defendant was found competent to stand trial, he was convicted by a jury of arson of property and attempt to burn property.

Defendant makes one claim on appeal: The trial court violated his state and federal rights to due process by finding he could testify at his competency trial over his trial counsel's objection.

We find that trial counsel representing a defendant whose competency is in doubt should be in charge of the trial proceedings, including whether the defendant should testify as to his own competency. As such, the trial…