People v. Johnson

*270 Defendant Derek Antonio Johnson, charged with domestic violence causing injury, assault with force likely to inflict great bodily injury, *271 and mayhem 1 engaged in multiple acts of self-mutilation, shouted to voices in his head, could not be quieted during court proceedings, defecated in his pants, was placed in a medical unit at the prison where he was given medication and was put on a suicide watch, and his lawyer expressed doubt throughout the trial about his mental competence to understand the proceedings and to assist in his defense. We conclude defendant's behavior constituted substantial evidence he was not mentally competent to stand trial. The trial court's refusal to hold a competency hearing when faced with substantial evidence defendant was incompetent to stand trial ( Pen. Code, § 1368 ) violates his federal and state right to due process and necessitates reversal of the judgment.

The jury found defendant guilty of domestic violence causing injury, assault with force likely to inflict great bodily injury, and mayhem. The jurors could not agree on the great bodily injury enhancements, and therefore, the court dismissed the enhancements for insufficient…