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PEOPLE v. MASTERSON

Docket No. S039341.

8 Cal.4th 965 (1994)

884 P.2d 136

35 Cal. Rptr.2d 679

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL TODD MASTERSON, Defendant and Appellant.

Supreme Court of California.

December 1, 1994.

Attorney(s) appearing for the Case

COUNSEL

William Flenniken, Jr., under appointment by the Supreme Court, and Joyce Meisner Keller for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkins, Janelle B. Davis and Karl T. Terp, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J.

Over the objection of his client, defense counsel stipulated to use of an 11-person jury in a hearing to determine whether defendant was competent to stand trial for felony charges. We must decide whether counsel was authorized to do so. Because of the nature of competency proceedings and of the right to a jury trial in those proceedings, we conclude that counsel has...

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