Is a developmentally disabled defendant competent to stand trial?

Here, prior to the trial court's commitment order, there was evidence that appellant was developmentally disabled. A court-appointed expert recommended that appellant be further evaluated in this respect. It appears the trial court did not do so. It should have. (See 1369, subd. (a) ["If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled . . . to examine [him]"].) Such an evaluation assists the trial court in selecting an appropriate place to confine the defendant and, if found incompetent, to commit him. (People v. Leonard (2007) 40 Cal.4th 1370, 1389.) In addition, it "ensure[s] that a developmentally disabled defendant's competence to stand trial is assessed by those having expertise with such disability." (Ibid.) Given the trial court's ultimate finding that appellant was incompetent, however, the error was harmless. (See id. at pp. 1389-1390.)

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