P. v. Mills
A jury convicted appellant Kenneth Wayne Mills of aggravated mayhem and assault causing great bodily injury for putting out his roommates eye. On appeal, Mills argues the evidence is insufficient to support his prior prison term enhancement because he did not admit all of the enhancements elements. He also contends the trial court erred by failing to appoint counsel to represent him during competency proceedings. We conclude substantial evidence supports the prior prison term enhancement. Mills admitted some of the elements, and evidence introduced at trial established the rest. However, the trial court violated Millss statutory and constitutional rights to counsel during competency proceedings. Because it also summarily adjudicated Millss competency without affording him a trial on the issue or obtaining a trial waiver, failed to appoint counsel for Mills when he raised the issue after trial, and improperly put the burden of proof of prejudice on Mills, Court remand for a retrospective competency hearing.
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