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):
Finally, we perceive no constitutional difference in the burden of proof at an initial competency hearing ( 1368, 1369) and at a restoration hearing ( 1372, subd. (c)). At each hearing the fact to be proved is the same. At each hearing defendant is represented by counsel. Although at the initial hearing defendant has not yet been found incompetent, at the restoration hearing he has been certified competent--a difference we regard as a standoff. As to access to relevant information, a factor termed "critical" by People v. Medina, defendant's counsel not only has equal access with the prosecutor to all pre-certification state hospital reports but thereafter "one might reasonably expect that the defendant and his counsel would have better access than the People to the facts relevant to the court's competency inquiry." (People v. Medina, supra, 51 Cal.3d 870, 885, 274 Cal.Rptr. 849, 799 P.2d 1282.)
2. Defendant contends there is insufficient evidence of two rapes.
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