Hightower

Felix D. Hightower (appellant) appeals his conviction of second degree murder and arson, contending that the trial court erred in finding him competent to stand trial. He also petitions for a writ of habeas corpus, contending that the trial court erred in finding him incompetent to represent himself. Appellant essentially argues his claims in the alternative: (a) he was improperly found competent to stand trial; or (b) if he were properly found competent to stand trial, he was necessarily competent to waive his right to counsel and represent himself. We find the first claim unmeritorious but agree with the second.

I. Background

Appellant was charged with one count of murder and one count of arson. Before trial he filed five motions, all of which were denied, requesting substitution of defense counsel. Appellant also filed a motion for self-representation. At the hearing the court questioned appellant about his desire to represent himself. The court also discussed with appellant the seriousness of the case and the consequences of waiving counsel. Following this discussion the court ordered an evaluation of the appellant according to Penal Code section 4011.6. After…