Does a denial of due process under section 1368 of the Criminal Code apply to a defendant's mental health issues?

Defendant persuasively argues that the court's failure to hold a competency hearing pursuant to section 1368 constituted a denial of due process under Pate v. Robinson (1966) 383 U.S. 375, 377, 86 S.Ct. 836, 837, 15 L.Ed.2d 815. Specifically, defendant contends that the failure to hold a competency hearing before trial, following the court's explicit expression of doubt as to defendant's competency and its subsequent order requiring a section 1368 hearing, cannot be cured by a retrospective appellate determination of his probable competence to stand trial. Rather, defendant asserts, the conviction must be set aside and, if the prosecution wishes to retry

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