Does the Attorney General have a duty to conduct a Page 22 motion for a new trial on a competency review?
California, United States of America
The following excerpt is from People v. Swagerty, C064210, Super. Ct. No. 09F05359 (Cal. App. 2011):
Defendant relies on People v. Mendez (2008) 161 Cal.App.4th 1362 (Mendez), in which the defendant made a new trial motion based on competency of counsel but "never indicated 'he wanted another attorney.'" (Id. at pp. 1366-1367.) Mendez rejected the Attorney General's argument that defendant's lack of indication relieved the trial court of any duty to conduct a
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