What is the test for waiver of a defendant's right to seek placement in a mental health or drug treatment program?
California, United States of America
The following excerpt is from People v. Piggee, B260410 (Cal. App. 2016):
On November 26, 2012, defendant appeared in court. The court acknowledged it received his request for placement in a mental health or drug treatment program. The court also heard and denied his motion to discharge his counsel (People v. Marsden (1970) 2 Cal.3d 118 (Marsden)). Defendant then asserted he was being denied his rights to due process and under the Sixth Amendment. When the court discussed with defendant whether he would waive time again, he refused.
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