California, United States of America
The following excerpt is from People v. Vo, 2d Crim. No. B256343 (Cal. App. 2015):
We therefore conditionally reverse the trial court's judgment and order a limited remand "for the trial court to determine whether a retrospective competency hearing is feasible and, if so, to conduct such a hearing." (People v. Lightsey (2012) 54 Cal.4th 668, 706.) "If the trial court determines that conducting a retrospective competency hearing is not feasible, or if a retrospective competency hearing is held at which defendant proves he was incompetent by a preponderance of the evidence [citation], then the only permissible remedy would be to let stand our reversal, subject to defendant's being retried if he is at that time mentally competent to stand trial. If a fair and reliable retrospective competency hearing can be conducted, and at that hearing defendant fails to prove he was incompetent, the judgment will be reinstated." (Id. at pp. 709-710, fn. omitted.)
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