Is it contradictory, inconsistent and incongruous to allow a defendant to represent himself at a sanity hearing where the issue of his sanity is to be determined?

California, United States of America


The following excerpt is from People v. Robinson, 151 Cal.App.4th 606, 60 Cal.Rptr.3d 102 (Cal. App. 2007):

In People v. Tracy (1970) 12 Cal.App.3d 94, 90 Cal.Rptr. 375, the trial court permitted defendant to represent himself while proceedings to determine his sanity were pending. Relying on Pate, the appellate court reversed the judgment. "When a doubt has arisen as to a defendant's sanity, and that fact has been judicially declared, we think it equally contradictory, inconsistent and incongruous to permit him to discharge his attorney and represent himself at the hearing where the issue of his sanity is to be determined." (Id. at p. 102, 90 Cal.Rptr. 375.) "Where a doubt has arisen as to a defendant's sanity, it should be assumed he is not capable of acting in his own best interest [citations], and he should not be permitted to discharge his attorney until that doubt has been resolved." (Id. at p. 103, 90 Cal.Rptr. 375.)

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