Wycoff

Opinion of the Court by Jenkins, J.

Defendant was charged with the first degree murders of his sister and brother-in-law. (Pen. Code, § 187.)1 The information also alleged, as to each murder, a multiple-murder special circumstance allegation (§ 190.2, subd. (a)(3)) and enhancement allegations based on the use of a deadly or dangerous weapon (a knife and a wheelbarrow handle) (§ 12022, subd. (b)(1)). During pretrial proceedings, a psychologist examined defendant at the request of the court and issued a report stating that, due to “severe mental illness,” defendant had “a misperception of [his lawyers’] motives, a misunderstanding of the risk involved [in his case], a minimizing of the precariousness of his predicament, and impaired judgment.” The psychologist’s report added: “Because of his grandiosity, [defendant] is not able to rationally consider ‘telling his story’ with the assistance of an attorney. On this ground, I find him incompetent to stand trial.” There was no expert evidence in the record contradicting that conclusion. The trial court, however, rejected the psychologist’s opinion without initiating the competency procedures set forth in sections 1368 and 1369,…