P. v. Waiton CA1/4
After a preliminary hearing, Waiton was charged by information with making criminal threats (a felony) and exhibiting a deadly weapon (a misdemeanor) in violation of section 422 and section 417, subdivision (a)(1), respectively. On November 18, 2014, Waiton’s appointed attorney declared a doubt as to Waiton’s competency to stand trial. Waiton made a motion under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) seeking appointment of a different attorney. After an in camera hearing, the trial court granted Waiton’s motion and appointed a second attorney to represent him.
On January 6, 2015, Waiton’s second attorney declared a doubt as to Waiton’s competency to stand trial. Again, Waiton made a Marsden motion. The trial court held another in camera hearing and denied this second Marsden motion. The trial court then, pursuant to section 1368, suspended criminal proceedings and appointed two psychologists to evaluate Waiton’s competency. Waiton refused to speak to eit
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