People v. Marks

Opinion

EAGLESON, J.

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death imposed pursuant to California’s 1978 death penalty statutes. (Pen. Code, § 190 et seq.) We reverse the entire judgment because the trial court failed to conduct a competency hearing pursuant to sections 1368 and 1369 after specifically stating a doubt as to defendant’s competency to stand trial and ordering a hearing to determine his competency. We reiterate our recent unanimous holding in People v. Hale (1988) 44 Cal.3d 531 [244 Cal.Rptr. 114, 749 P.2d 769] that, once a trial court has…