The People, Plaintiff and Respondent v. Christopher Charles Lightsey, Defendant and Appellant

Summary

The court held that the trial court violated Penal Code section 1368 by allowing defendant to represent himself during competency proceedings after declaring a doubt about his competence, because counsel was required to represent him throughout those proceedings. The violation was structural in nature and constituted a reversible miscarriage of justice, but the appropriate remedy was a limited remand for the trial court to determine whether a retrospective competency hearing is feasible and, if feasible, to conduct one. If such a hearing is infeasible or establishes incompetence, defendant is entitled to a new trial; if defendant cannot prove incompetence at a fair and reliable hearing, the judgment may be reinstated.