What is the test for determining whether a defendant has a mental disorder or developmental disability?

Thus, the fundamental issue in each case is not what the basis is for the defendant's suspected incompetence -- a mental disorder or a developmental disability -- but rather whether the defendant is incompetent, whatever the basis of that incompetence may be. In light of this fact, the rule governing second competency hearings applies regardless of the fact that the renewed questioning of the defendant's competence rests on a different basis than the original questioning of his competence. In other words, a court's initial determination of competency is presumed correct, regardless of whether the suspected incompetence was based on a mental disorder or a developmental disability, and a second competency hearing is required only if: (1) there is evidence of a substantial change of circumstances; or (2) new evidence is presented that casts serious doubt on the validity of the prior finding of competence. (People v. Weaver, supra, 26 Cal.4th at p. 954.)

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