P. v. Hill
A jury convicted defendant Tony Lee Hill of second degree robbery (Pen. Code, § 211)[1] and found true allegations that defendant had suffered nine prior convictions of serious or violent felonies or juvenile adjudications (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served one prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to 25 years to life in state prison, striking the prior prison term allegation.
During the course of the proceedings, the trial court declared a doubt as to defendant’s competence to stand trial (§ 1368), pursuant to defense counsel’s request. After reviewing psychiatric evaluations of defendant, it concluded he was competent. Thereafter, defense counsel repeatedly declared a doubt as to defendant’s competence but the trial court refused to hold a second competency hearing. On appeal, defendant argues this constituted reversible error.
In addition, defendant requested pro. per. status on the day trial commenced. The trial court denied that request as untimely. Defendant argues on appeal that the trial court erred in finding the request untimely because defendant did not request a continuance. We disagree with both contentions raised by defendant and therefore affirm the judgment. In addition, we have reviewed at defendant’s request the sealed transcript of the trial court proceedings on his Pitchess[2] motion to determine whether the trial court failed to provide him with all discoverable information. We find no error in the trial court’s handling of those proceedings.
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