People v. Smith

After a court trial, appellant Stanley Lewis Smith was convicted of the first degree murder of his wife, Alice. The court also found that during the commission of the crime appellant used a deadly weapon—a ligature. Appellant was sentenced to a term of 25 years to life, plus a one-year consecutive term for the enhancement. After the start of the court trial, defendant was found mentally incompetent, causing the suspension of the criminal proceedings, which later resumed with the consent of appellant and his counsel when his competency had been restored. Appellant primarily contends on appeal that his incompetency necessarily predated by at least a few days the suspension of the criminal proceedings; accordingly, argues appellant, his waiver of jury trial was not competently made and he was not competent during a portion of the presentation of evidence, causing structural, constitutional error. We affirm.

PROCEDURAL BACKGROUND

On April 17, 2001, after a series of motions in limine, the trial court took a waiver of appellant’s right to jury trial and proceeded with a court trial On April 18, immediately after the noon recess, defense counsel stated that “[s]ome time…