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California Court of Appeal


PEOPLE v. SMITH, F039752

Claims that 1) since defendant's incompetency predated the suspension of the criminal proceedings, his waiver of jury trial was not competently made, and 2) he was not competent during a portion of the presentation of evidence, causing structural, constitutional error, are rejected, and conviction for murdering his wife during a "bondage game" is affirmed.

Appellate Information

  • Decided 07/11/2003
  • Published 07/11/2003

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Jerome P. Wallingford, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Jeffrey D. Firestone and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.
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