People v. Smith

SIMS, Acting P.J.

In a criminal case pending in San Joaquin County Superior Court, defendant Ralph Allen Smith was represented by the Public Defender when defendant's competence to stand trial was put in issue. The trial court appointed special counsel, in addition to the Public Defender, to represent defendant's "wishes" with respect to whether defendant wanted a jury trial on the issue of his competence. At a hearing, the Public Defender represented to the court that it would be in the defendant's best interests to waive a jury. Special counsel informed the court that defendant wanted a jury.

The trial court ruled that the issue of competence would be tried by the court without a jury, and, following a trial, found that defendant was incompetent to stand trial.

Defendant appeals, contending the trial court erred in refusing to follow his wishes for a jury trial on the issue of his competence. [1]

We shall conclude the trial court correctly relied on the representation of defendant's Public Defender that it was in defendant's best interests to waive a jury. We shall also conclude that, in an ordinary case such as this one, the trial court should not appoint special counsel to…