Murdoch

Criminal proceedings against defendant Michael Craig Murdoch were suspended pursuant to Penal Code 1 section 1368 and doctors *233 were appointed to examine his mental competence. The doctors found defendant suffered from a serious or severe mental illness and was presently competent due to the medication he had been given, but had since refused to take. Both expressed the opinion defendant could decompensate and become incompetent if he continued to refuse medication. Relying upon the evaluations, the court found defendant was not incompetent and reinstated criminal proceedings. Slightly more than two months later, the court granted defendant’s motion to represent himself, and relieved the public defender.

Prior to the taking of evidence at trial, defendant told the court his defense to the felony assault charges: the victim is not a human being. According to defendant, the victim lacked shoulder blades, which “are symbolic of angelic beings.” Defendant asked the victim one question on cross-examination: “Can you shrug your shoulders like this?” We find the court should have suspended the criminal proceeding and instituted proceedings pursuant to section 1368.…