Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify?
California, United States of America
The following excerpt is from People v. Caballero, B217709, B221833 (Cal. App. 2012):
At best, defendant has shown that he was confused by the court's explanation of his Fifth Amendment right to remain silent as it related to his right to testify. Confusion does not equate to mental incompetency to stand trial. "A defendant is presumed competent unless it is proved otherwise by a preponderance of the evidence. ( 1369, subd. (f).)" (People v. Ramos (2004) 34 Cal.4th 494, 507.) No such evidence was presented at trial.
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