What is the test for determining whether a defendant is competent under section 1368 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Medina, F069560 (Cal. App. 2016):
The provisions of section 1368 have been interpreted to afford a constitutional right. If the judge makes an express declaration of doubt as to a defendant's competence, the court is required to hold a competency hearing and make a formal determination regarding the defendant's competence. (People v. Marks (1988) 45 Cal.3d 1335, 1340.)
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