People v. Superior Court (McPeters)

Opinion

THE COURT

*

Petitioner seeks a peremptory writ of mandate directing respondent court to grant its request for a jury trial upon the issue of whether real party is competent to stand trial upon a criminal information.

Facts

Real party in interest (defendant) stands accused by information of murder with special circumstances which allow imposition of the death penalty. Defendant’s competence to stand trial was regularly placed in issue pursuant to Penal Code section 1368. Petitioner requested a jury trial of his mental competence; defendant requested a court trial.

[798]

By minute order of May

2,

1985, respondent court denied petitioner’s request for a jury trial “without prejudice in this or other cases.”

Discussion

A proceeding to determine the mental competence of a criminal defendant to stand trial pursuant to Penal Code section 1368 is a special proceeding civil in nature. There is no constitutional right to a jury trial in such a special proceeding collateral to the criminal trial; the only right to a jury trial is that provided by statute.

(People

v.

Hill

(1967) 67 Cal.2d 105, 114 [60 Cal.Rptr. 234, 429 P.2d 586];

People

v.

Rojas

(1981) 118 Cal.App.3d 278, 283 [173 Cal.Rptr. 64, 174 Cal.Rptr. 91].)

The statute which grants a right to jury trial in section 1368 proceedings is Penal Code section 1369 which provides for a “trial by court or jury of the question of mental competence. ...”

The statute neither expressly grants nor expressly denies petitioner the right to demand a jury trial. We hold that such a statute should be construed to grant a jury trial right to all proper parties to the special proceeding.