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. Black, B233126 (Cal. App. 2012):

A different rule applies when the evidence raising a doubt as to defendant's competence is less than substantial. When less than substantial evidence is presented, the trial court is not required to declare a doubt as to defendant's competence but has the discretion to do so. (People v. Welch, supra, 20 Cal.4th at pp. 740, 742.) Its determination will be reviewed for an abuse of discretion. (Id. at p. 740.)

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