What is the legal test for adjudicating a defendant to be incompetent to stand trial?

California, United States of America


The following excerpt is from People v. Stemwedel, D077506 (Cal. App. 2020):

1. An order adjudicating a defendant to be incompetent to stand trial constitutes a final judgment in a special proceeding and is immediately appealable. (People v. Fields (1965) 62 Cal.2d 538, 542.)

2. Unless otherwise specified, all subsequent statutory references are to the Penal Code.

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