What is the test for determining whether a defendant is competent to stand trial?

California, United States of America


The following excerpt is from People v. Rodas, B255598 (Cal. App. 2016):

p. 1032.) Competence to stand trial requires a defendant's sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding or a rational and factual understanding of the proceedings. (Dusky v. United States (1960) 362 U.S. 402.) Proceedings must be suspended and a competency hearing held if a trial court is presented with substantial evidence the defendant is incompetent. (Mai, at p. 1032.)

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