People v. Hofferber

Opinion

STEPHENS, J.

Defendant and appellant, Glen Hofferber, appeals from a judgment and order under section 1368 of the Penal Code committing him to a state mental hospital.

Facts

On September 24, 1974, appellant was charged with murder in connection with a shooting which occurred a month earlier. Appellant was arraigned and pled not guilty. On appellant’s own motion, the court appointed two psychiatrists to examine him. Both doctors concluded that defendant was insane at the time of the commission of the offense, and at the time at which he was examined. Counsel for both sides submitted the issue of defendant’s competence to stand trial on the psychiatric reports. The court then found appellant presently incompetent under Penal Code section 1368 and ordered him committed to the State Department of Health on November 13, 1974.

[268]

On January 14, 1976, the court received a certificate of competency and recalled appellant’s commitment. Appellant was again examined by two court-appointed psychiatrists, and following the receipt of their reports, a second hearing was held, under section 1368 to determine defendant’s competence to stand trial. At the hearing, both counsel stipulated that the psychiatric reports be admitted as evidence. The reported diagnosis of one of the doctors was that appellant was a chronic paranoid schizophrenic, and that because of his grossly disturbed thought processes was unable .to rationally cooperate or assist counsel, and therefore was unable to proceed with trial under section 1368. These conclusions were borne out by appellant’s own testimony at the hearing, wherein he asserted that he had communicated with Colonel Dean Barber and President Johnson through a form of astral projection, and that he wás the creator of man and woman, and was about 975 years old. During these"proceedings defense counsel unsuccessfully attempted to enter an insanity plea without appellant’s concurrence.

Contentions

Appellant makes the following three contentions on appeal: (1) that it was error for the court to refuse to allow defense counsel to enter a plea of not guilty by reason of insanity on his behalf; (2) that his commitment under section 1368 of the Penal Code was unlawful for want of a jury trial as demanded; and (3) that his commitment was also unlawful as it was made without any explicit finding of present insanity. None of these contentions has substantial merit.