California, United States of America
The following excerpt is from People v. Johnson, 21 Cal.App.5th 267, 230 Cal.Rptr.3d 247 (Cal. App. 2018):
And in People v. Howard (1992) 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315, the defendant pointed to two incidents he believed constituted substantial evidence of incompetencean inflammation in the eyes and his agitation about jail conditions. ( Id . at p. 1162, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) "The circumstances underlying defendant's motion for a continuance indicated that he needed medical attention, and those underlying his motion for a mistrial indicated that the conditions of his confinement were unsatisfactory. However, nothing about either incident remotely suggested that he was mentally incompetent. Thus, the court was not required to order a hearing." ( Id . at p. 1163, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) Whereas the evidence in Howard involved only a physical ailment expected to heal and a dissatisfaction with his prison conditions he clearly, even if angrily, articulated, here the evidence presented to the trial court suggested a much
[21 Cal.App.5th 280]
more amorphous and debilitating mental condition which became an obstacle to defendant's ability to assist in his defense.
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