People v. Bolden

Opinion

THE COURT.

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Samuel Othello Bolden, Jr., appeals the order finding him mentally incompetent to stand trial based upon a jury verdict of incompetence. Bolden contends he was denied due process by Penal Code section 1368 which requires his attorney to give an opinion of his client’s competence, and was denied effective assistance of counsel when his counsel offered evidence of his incompetence although Bolden desired to be found competent.

Bolden was charged with robbery (Pen. Code, § 211), two counts of assault with intent to murder (Pen. Code, § 217), and two counts of assault with a deadly weapon (Pen. Code, § 245 subd. (a)). Criminal proceedings were suspended to determine if Bolden was competent to stand trial. The first jury trial on the issue of competence was declared

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a mistrial after the jury was unable to reach a verdict. New counsel was appointed for the retrial. Two psychiatrists testifying for the People said Bolden was not competent to stand trial, as he was suffering delusions. He believed the people he was charged with assaulting, his father and brother, were actually aliens from outer space who were inhabiting the bodies of his father and brother.

Out of the jury’s presence Bolden’s counsel explained to the court his client wanted to testify in his own behalf and wanted to be found competent to stand trial. While counsel felt he had a duty to pursue his client’s desires, he also felt he had a duty to represent his client’s best interests. He had been told by professional people a not-guilty-by-reason-of-insanity defense was available for his client. He felt he needed his client’s cooperation to pursue this defense. Bolden’s current mental state interfered with such cooperation. Counsel’s solution to this dilemma was to place Bolden on the witness stand to testify to his competence, and then to offer his own psychiatric witness who testified Bolden was not competent to stand trial.

After 10 minutes of deliberation, the jury returned a verdict of not competent to stand trial. Bolden was committed to Patton State Hospital for treatment.

Penal Code section 1368 requires a judge who doubts the mental competence of the defendant to “inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent.” Bolden contends this section violates the attorney-client privilege (Evid. Code, § 954) by requiring the attorney to reveal knowledge gained in the course of his relationship with his client.