Does having a cold or flu rise to the level of mental incompetence?

Having a cold or flu does not rise to the level of being mentally incompetent. Defendants have not shown they were experiencing symptoms so severe that they could not comprehend the proceedings or assist their attorneys. That a defendant may be "somewhat distracted by pain and other symptoms of physical distress does not establish incompetence or mental absence." (People v. Avila (2004) 117 Cal.App.4th 771, 780.) Defendants' constitutional rights to be present at trial were not violated.