California, United States of America
The following excerpt is from People v. Nash, F066160, F066278 (Cal. App. 2015):
For criminal defendants, section 1367 is intended to codify the constitutional standard. (See People v. Welch (1999) 20 Cal.4th 701, 777.) It provides the following definition of incompetence: "A defendant is mentally incompetent ... if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner." ( 1367, subd. (a), italics added.)
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