People v. Melton CA4/2

STATEMENT OF THE CASE

The underlying facts are not relevant to this appeal and may be very briefly

summarized. Defendant sold methamphetamine to an undercover police officer

participating in a “sting” operation. He was convicted after a jury trial.

The information alleged that he had suffered a prior serious or violent felony

conviction, a 1979 conviction for rape in the state of Washington. (§ 667, subds. (c) &

(e)(1).) Before the case was submitted to the jury, defendant waived his right to a jury

trial as to the prior convictions, confirming “You [the judge] can make it.” After the jury

returned its verdict, defendant apparently told counsel that he was under a

conservatorship and counsel declared a doubt as to his competency. (§ 1368.)

Proceedings were suspended.

All subsequent statutory references are to the Penal Code.

2 The required reports on defendant’s mental status came back 2-1 for competent

and after the parties submitted on the reports, the trial court found defendant competent

and proceedings resumed. At the sentencing hearing, defense counsel first informed the

court that defendant did not wish to admit the prior. Defendant interjected, “No,…