California, United States of America
The following excerpt is from People v. Masterson, 35 Cal.Rptr.2d 679, 8 Cal.4th 965, 884 P.2d 136 (Cal. 1994):
People v. Mickle, supra, 54 Cal.3d 140, 284 Cal.Rptr. 511, 814 P.2d 290, is distinguishable. As noted in that decision, the issue had not been preserved for appeal, and the defendant had [8 Cal.4th 974] not been prejudiced by the court's ruling. Moreover, there the court, unlike here, never expressed a doubt on the record as to the defendant's competence. Rather, "the trial court obviously ordered a competence hearing in an overabundance of caution, and not because it was statutorily or constitutionally compelled to do so." (Id. at p. 184, 284 Cal.Rptr. 511, 814 P.2d 290.)
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