Does the Attorney General have any grounds to argue that a defendant abandoned the issue of competency by not objecting to the court's action?
California, United States of America
The following excerpt is from People v. Blacksher, S076582, Super. Ct. No. 125666 (Cal. 2011):
41. The Attorney General argues defendant abandoned the competency issue by not objecting to the court's action. However, determining competency "is jurisdictional, and cannot be waived by counsel." (People v. Hale (1988) 44 Cal.3d 531, 541.)
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