delivered the opinion of the court:
The defendant, Louise Ella Howard, was convicted of aggravated battery after a jury trial in Kankakee County. She was sentenced to a prison term of not less than one year or more than three years. On appeal she has allegеd that her court-appointed public defender’s failure to adequately investigate her psychiatric history resulted in denying her effective assistance of counsel.
The defendant was convicted of aggravated battery for allegedly causing bodily harm while armed with a knife to one Pearl L. Smith by striking her in the back on July 16, 1977. The attack occurred at a Salvation Army store and was unprovoked. The victim testified that she did not previously know the defendant. The defendant merely walked away аfter the attack and was followed by the victim. After the attack the victim telephoned the police and defendant was arrested about four blocks from the store. At that time she was incoherent and said she did not remember doing anything. Although the viсtim never saw the weapon used in the attack, a blood stained knife was found in defendant’s purse after her arrest.
Prior to trial a petition for a competency hearing was filed by the public defender. Pursuant to a defense request a рsychiatrist, Dr. V. Janevicius, was appointed to examine the defendant. Two separate competency hearings were conducted. The result of each was a finding that the defendant was competent to stand trial.
At the first compеtency hearing on September 19, 1977, the State presented as its only evidence Dr. Janevicius’ report which was prepared after he had examined the defendant for a day. His report recited that it was based upon his personal еxamination of the defendant and of her medical records and history. The significant portion of his report, the concluding two paragraphs thereof is reproduced below:
“In summary, this is a twenty-six year old woman with very poor background and history of delinquency in early adolescence with two illegitimate child births at the age of 14-15. She apparently never learned or was taught any responsibility or trade and made her living being supported by welfare and manipulating others for her own bеnefit. It was not unusual that she was picked up on a few occasions and placed in mental institutions where she was never found mentally ill or incompetent and was discharged after short stay.
In conclusion, the undersigned finds Ms. Louise Ella Howard free from any disabling mental discorder [sic]. She is basically passive-aggressive person with many sociopathic features and should be held fully responsible for her acts. She may present some difficulties in cooperating with the Court and her counsel but this shоuld be considered as a product of her passive-resistant attitudes rather than mental incompetency.”
The defendant was the only witness to testify at this first competency hearing. The relevant portion of her testimony contained her оwn account of her past psychiatric history. Her testimony was incomplete and confused on the subject of her past psychiatric treatment as compared with an actual detailed summary of her past treatment and stays at vаrious mental health institutions. The trial court, relying upon, Dr. Janevicius’ report, found the defendant competent. Thereafter defendant’s counsel filed a motion to reconsider the defendant’s competency and a second hearing, to reconsider her competency, was held on October 11, 1977. This second hearing concluded with the trial court again determining the defendant was competent to stand trial. At the second hearing the defendant again testified and for the first time mеntioned briefly in passing that she had been in Madden Mental Health Zone (referring to J.J. Madden Zone Center).
The case proceeded to trial with testimony of the victim and the investigating police officers comprising the State’s case in chief. The defendant was the only witness for the defense. She testified only to the circumstances of her arrest and admitted being at the Salvation Army store where the incident had occurred. The defense • offered a jury instruction on the defense of insanity which the court refused to give citing as his reason insufficient evidence in the record to raise such a defense.
After her conviction a presentence report was ordered and considered at the sentencing hearing. The presentence report, prepared by a probation officer, contained a discharge summary following the defendant’s commitment to the J.J. Madden Zone Center for a period from February 26, 1974, to March 13, 1974. This hospitalization was the one very vaguely referred to by the defendant in her testimony at the second competency hearing on October 11, 1977. The defendant’s treating physician at the J.J. Madden Zone Center revealed significant facts in his discharge summary of the defendant. This rеport stated that defendant was initially brought to the Madden Zone Center by the police and was admitted on a physician’s certificate following aggravated assault charges against her resulting from her attempts to stab a woman. The treаting doctor’s report further contained the findings, “She expressed delusions of persecution * * *. Affect was flat, mood appeared depressed. She used much denial. Insight and judgment impaired.” The provisional diagnosis at admission was “Schizophrеnia, Paranoid State,” while the final diagnosis at discharge was “PARANOID STATE.” The reasons for defendant’s discharge from the Madden Zone Center were set forth in the discharge summary as follows: “Patient was discharged as per court order, by Judge Genesen. She was released on an I bond, to the custody of her mother, Mrs. Anderson, with several conditions.” Her treating psychiatrist stated in the discharge summary that her prognosis was: “POOR — In my opinion this patient is dangerous to others. I do not consent to her discharge and suсh discharge is against my medical advice. I will not assume any further legal responsibility for this patient.”
The issue presented is whether the defendant’s appointed counsel’s failure to investigate and discover the medical records of the defеndant’s commitment at the J.J. Madden Zone Center in 1974 and to present them to the trial court amounted to incompetency sufficient to be categorized as ineffective assistance of counsel. In the recent case of People v. Hills (1979),
Of equal significance is the failure to introduce sufficient evidence at the trial to warrant the giving of a jury instruction on the defense of insanity. We agree with the trial court that the defendant failed to рresent sufficient evidence to raise the defense of insanity. The choice to not offer any evidence of this at the trial was one of trial tactics. Defendant’s brief indicates the defense trial counsel communicated with defendаnt’s appellate counsel and suggested that his reasons for not offering concrete evidence on the defense of insanity was a matter of trial tactics designed to prevent the defendant from having to admit the charged act. As wаs recently stated in People v. Lee (1976),
We believe that the failure of defendant’s appointed trial counsel to discover and use the Madden Zone Center discharge summary of defendant severely prejudiced the outcome of the competency hearings and requires a reversal of the defendant’s conviction. Those same failures of trial counsel to which we have alluded above in deciding this appeal and of which counsel is, by virtue of this opinion, now aware, may result in a different trial strategy for the defense upon remand and could result in a different outcome upon a new trial on the merits. Accordingly we order the defendant’s conviction reversed and remand the case to the Circuit Court of Kankakee County to conduct another hearing to initially determine the defendant’s competency to stand trial, and further direct that if the defendant is found competent, for a new trial to be conducted.
Reversed and remanded with directions.
STENGEL and ALLOY, JJ., concur.