How have courts treated the issue of competence prior to a sentencing hearing?

California, United States of America


The following excerpt is from People v. Quiming, H043494 (Cal. App. 2018):

defendant's competence prior to the sentencing hearing. Although there was evidence that defendant had a long history of bizarre behavior and mental illness, nothing in the letters indicated that defendant lacked an "understanding of the criminal proceedings against him" or lacked "the ability to consult with counsel or otherwise assist" in his defense. (See Mickel, supra, 2 Cal.5th at p. 202; see also People v. Halvorsen (2007) 42 Cal.4th 379, 403.) Rather, the letters mainly showed "generalized concerns" about defendant's mental state prior to and at the time of the stabbings. (Mickel, supra, at p. 203.)

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