Is a defendant competent to stand trial even if his counsel seeks a finding of incompetence?

Appellant contends that the court erred in failing to appoint a second psychiatrist pursuant to Penal Code section 1369, subdivision (a). That section provides that: "A trial by court or jury of the question of mental competence shall proceed in the following order: [p] (a) The court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. In any case where the defendant or the defendant's counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof...." (Emphasis [14 Cal.App.4th 996] added.) This section does not expressly address the circumstance where a defendant personally claims he is competent, yet his counsel seeks a finding of incompetence, and we have found no decision applying it in that context. However, the fact that the statute provides that two experts must be appointed when "the defendant or defendant's counsel" states that defendant is not seeking a finding of incompetence suggests that this type of situation is encompassed by the statute. (See, e.g., People v. Skeirik, supra, 229 Cal.App.3d 444, 280 Cal.Rptr. 175.) The appointment of two experts in such circumstances provides a minimum protection for the defendant against being incorrectly found incompetent to stand trial.