Garcia

Appellant Hugo Vargas Garcia was convicted by jury of animal cruelty (Pen. Code, § 597, subd. (a)) and exhibiting a deadly weapon other than a firearm (§ 417, subd. (a)(1)). In a bifurcated proceeding, the jury found true allegations that appellant had suffered a prior serious felony conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and had served three prior prison terms (§ 667.5, subd. (b)), with respect to both counts. The trial court sentenced appellant to a term of nine years in state prison consisting of an upper term of three years for violation of section 597, subdivision (a), doubled for the prior serious felony conviction (§ 1170.12, subd. (c)(1)), plus three consecutive one-year terms for the prior prison terms (§ 667.5, subd. (b)). The court sentenced appellant to 363 days in county jail for violation of section 417, subdivision (a)(1), to which the court applied 363 days presentence custody credit.

Appellant contends (1) that the trial court violated his constitutional right to due process by allowing him to represent himself while he was mentally incompetent; (2) that the court did not conduct a full evidentiary hearing on the question of mental…