Can a finding of incompetence be used to determine whether a defendant is competent to stand trial?

Defendant opposes dismissal, asserting that "if the finding of incompetence is left undisturbed it could have an impact on later mental health proceedings and produce significant social and civil consequences." He argues that his finding of incompetence could be used by a trial court and relied on by experts in making a new evaluation. (People v. Rogers (2006) 39 Cal.4th 826, 847.) We disagree. Defendant's February 25, 2016, mental incompetency finding bears no more weight in a future competency determination than the subsequent finding on October 18, 2016, that he was competent to stand trial. In other words, the merits of any future court order finding mental incompetency will not flow from the circumstances of defendant's past conduct that are at issue in the current appeal, but will necessarily relate to the facts and circumstances involved in such hypothetical future conduct. When determining whether defendant is able "to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner" ( 1367, subd. (a)) the appointed experts (psychiatrists or licensed psychologists) assess the relevant facts and circumstances at that particular moment in time.