California, United States of America
The following excerpt is from People v. Esquibel, F076330 (Cal. App. 2019):
Under section 1368, subdivision (a), a judge must state on the record any doubt that arises in his or her mind as to the mental competence of the defendant, and either seek defense counsel's opinion as to the defendant's mental competency, or appoint counsel if the defendant is unrepresented. The decision whether to order a competency hearing rests within the trial court's discretion, and may be disturbed upon appeal "only where a doubt as to [mental competence] may be said to appear as a matter of law or where there is an abuse of discretion." (See People v. Pennington (1967) 66 Cal.2d 508, 518.) When the court is presented with "substantial evidence of present mental incompetence," however, the defendant is "entitled to a section 1368 hearing as a matter of right." (Ibid.) On review, our inquiry is focused not on the subjective opinion of the trial judge, but rather on whether there was substantial evidence raising a reasonable
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