Is a defense opinion relevant in determining whether a defendant is competent to stand trial?

California, United States of America


The following excerpt is from People v. Moseley, B261997 (Cal. App. 2016):

assist his counsel in the conduct of his defense; and appointed counsel never raised a doubt about appellant's competency during the subsequent trial. (See People v. Howard (1992) 1 Cal.4th 1132, 1164 [defense "counsel's opinion is undoubtedly relevant" to the question of a defendant's competency to stand trial].) Accordingly, the court did not err in failing to suspend the proceedings to order a competency determination in this case.

The judgment is affirmed.

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