Solorzano

ISSUE ON APPEAL

While proceedings are pending to determine “if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner” (Pen. Code, § 1367, subd. (a)), can a court’s refusal to hear the defendant’s Marsden 1 motion require the reviewing court *1066 to reverse the judgment and grant a new trial? On the facts here, we will answer that question in the affirmative and will reverse the judgment, remand the matter, and order a new trial with directions.

BACKGROUND

From November 28, 2002, through December 2, 2002, appellant Jose Luis Solorzano robbed the employees of two convenience stores and two fast food restaurants. In each robbery, he threatened the employees but never physically injured anyone.

On January 7, 2003, a day before Solorzano’s preliminary hearing was to begin, the court put on the record his counsel’s concern that Solorzano was able to neither understand the nature of the proceedings nor assist in his defense. At his counsel’s request, with no objection from the prosecutor, the court suspended criminal…