What is the test for determining whether a defendant is mentally competent?
California, United States of America
The following excerpt is from People v. Sepulveda, F060393 (Cal. App. 2011):
competency hearing if defense counsel informs the court that he or she believes the defendant may be mentally incompetent. ( 1368, subd. (b).) The court also must conduct a competency hearing on its own motion if there is evidence that raises a reasonable doubt on the issue. (People v. Howard (1992) 1 Cal.4th 1132, 1163.)
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