California, United States of America
The following excerpt is from People v. Blood, D060503 (Cal. App. 2012):
Blood misconstrues section 1368. Contrary to his claim, he was not entitled to a psychiatric examination to rule out the possibility he "could be" insane or mentally ill. Instead the section applies when facts arise during the course of criminal proceedings that create a "doubt . . . in the mind of the judge as to the mental competence of [a] defendant." ( 1368, subd. (a).) Under such a circumstance the judge is required to set a hearing to determine the defendant's mental competency. (People v. Welch (1999) 20 Cal.4th 701, 737-738.) However, absent some indication of possible incompetency, the judge has no responsibility to order a competency evaluation, nor is defense counsel obligated to request one.
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