Harris

Arthur L. Harris appeals from an order entered on October 22, 1991, finding him not competent to stand trial. While this appeal was pending, appellant was certified competent and criminal proceedings were reinstituted. In a second Penal Code section 1368 proceeding, a jury found appellant competent to stand trial, and he has since been convicted of several felonies. Although several of the issues appellant raises on this appeal are moot, three are of sufficient public importance that, in our discretion, they deserve review. These issues are: (1) May defense counsel waive the right to a jury trial in a Penal Code section 1368 proceeding over the objections of his client? (2) May defense counsel waive presence of the defendant at the section 1368 proceeding over his client’s objection? (3) Did the court err in appointing only one psychiatrist to evaluate appellant pursuant to Penal Code section 1369?

Facts

Appellant was originally charged with assault on a cohabitant (counts I and II, Pen. Code, § 273.5, subd., (a)); false imprisonment (count III, Pen. Code, § 236); assault (counts IV and V, Pen. Code, § 245, subd. (a)(1)); child abuse (count VI, Pen. Code, § 273a, subd.…