What is the test for a motion to suspend criminal proceedings pursuant to Section 1368 of the California Criminal Code?
California, United States of America
The following excerpt is from Benitez v. Superior Court of Orange Cnty., G056476 (Cal. App. 2018):
We agree. "[T]he decision to order such a hearing [is] left to the court's discretion," (People v. Gallego (1990) 52 Cal.3d 115, 162) and based on this record, it was an abuse of the court's discretion to suspend criminal proceedings pursuant to
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section 1368 when there was no evidence before the court that suggests petitioner was not competent to stand trial.
4. Section 1368.1
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