Robinson

Defendant was convicted by jury of burglary (Pen. Code, § 459) and petty theft with a prior (Pen. Code, § 666). The jury found defendant had two “strike” convictions (Pen. Code, § 667, subds. (b)-(i)), and four prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court struck two of the prison term allegations and found two others were not separate terms. It sentenced defendant to an aggregate term of 26 years to life.

On appeal defendant contends the trial court erred in failing to appoint counsel for defendant, who at that time was representing himself, when the court declared a doubt as to defendant’s competency. Defendant contends this denial of the right to counsel is prejudicial per se and requires reversal. Defendant further contends the trial court abused its discretion in failing to appoint two doctors to examine defendant.

We find the trial court erred in failing to appoint counsel to represent defendant at the second competency hearing. Whenever the trial court declares a doubt as to defendant’s competency to stand trial and suspends proceedings for an evaluation under Penal Code section 1368, counsel must be appointed to represent defendant. Given…