What constitutes a presumption of continued insanity against a defendant who was adjudicated incompetent to stand trial?

California, United States of America


The following excerpt is from People v. Mixon, 225 Cal.App.3d 1471, 275 Cal.Rptr. 817 (Cal. App. 1990):

[225 Cal.App.3d 1494] In the present case, defendant was adjudicated incompetent to stand trial on the basis of testimony from two psychiatrists that defendant was a delusional, paranoid schizophrenic. This is sufficient to create a presumption of continued insanity, People v. Berry, supra, 44 Cal.2d at p. 433, 282 P.2d 861; In re Dennis, supra, 51 Cal.2d at pp. 665-670, 335 P.2d 657, and a fortiori, a presumption of continued incompetency to stand trial.

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