When a defendant is adjudged incompetent under the California Criminal Code, what is the effect of the incompetentness statute on a preliminary hearing?

Rather than denying due process, the statute promotes it by insuring that a felony defendant will not be committed for incompetency unless there is probable cause to believe he committed the crime with which he is charged. The problem noted by the People may be resolved by conducting another preliminary hearing (or a grand jury hearing) when a defendant adjudged incompetent subsequently regains his competence. (Chambers v. Municipal Court (1974) 43 Cal.App.3d 809, 812--813, 118 Cal.Rptr. 120.) The statute being valid, the writ must issue.

Legislative History