How have courts treated a motion to withdraw a motion for a competency hearing?
California, United States of America
The following excerpt is from People v. Johnson, 1 Cal.Rptr.2d 252, 235 Cal.App.3d 1157 (Cal. App. 1991):
At no time in these proceedings did the trial court ever express doubt about defendant's competency; nor was there any evidence presented that defendant was incompetent. Thus the trial court did not abuse its discretion in granting defendant's motion to withdraw her request for a competency hearing. (People v. Laudermilk, supra, 67 Cal.2d at p. 283, fn. 10, 61 Cal.Rptr. 644, 431 P.2d 228.)
[235 Cal.App.3d 1167]
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