People v. Szijarto

LILLIE, J.

In a court trial defendant was convicted of forcible rape (§ 261, subd. 3, Pen. Code); probation having been denied, he was sentenced to the state prison. Appeal is from the judgment of conviction and order denying motion for new trial. The appeal from the order is dismissed.

The contention is made that defendant was inadequately represented at the trial, more specifically, that his then counsel should have moved for a continuance, or at least have requested a hearing, to determine defendant’s competency to stand trial. (§1368, Pen. Code.)

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The further claim is made that the court committed reversible error in failing to conduct a hearing to determine the question of defendant’s competency (the ability to assist in his own defense) when it was challenged on the motion for new trial, or, in the alternative, by omitting to allow the introduction of additional evidence which would have presented a doubt as to such competency.

[830]

The sufficiency of the evidence to support the finding of guilt is not here disputed. Admittedly the victim, aged 17 and then selling magazines door to door, was in defendant’s apartment for at least 20 to 25 minutes on the afternoon in question; according to the victim, the period of time was considerably longer. She was admitted to the apartment about 4:30p.m. and gave defendant a “sales pitch”; he finally agreed to take Look Magazine for $11. After offering her something alcoholic to drink, he made improper advances; when the victim began to cry, defendant wrote out a check for $21, telling her to use the extra ten dollars as she saw fit. He then backed her against the wall offering to give her a hundred dollar bill and telling her she was not going to leave until she submitted to him. Finally, an act of intercourse was accomplished on the floor in the front room while she was in fear of her life. Almost immediately thereafter she ran out to the street where she encountered her supervisor.

There was evidence that the apartment house manager saw the victim about 6 p.m. in front of the building; previously she had heard two long screams, 5 to 10 minutes intervening between them; the victim was hysterical and told her supervisor what had occurred. A deputy sheriff, who arrived at the scene about 10 minutes later, also testified to the victim’s physical appearance—‘1 crying and apparently very upset and shaken.” Another officer subsequently interrogated defendant in the latter’s apartment; although defendant stated that the victim had not been on the premises, the officer found certain subscription receipts left there by her.