What is the test for determining whether a defendant is legally competent to stand trial?

The conviction of an accused person while he is legally incompetent violates due process. (People v. Hale (1988) 44 Cal.3d 531, 539, 244 Cal.Rptr. 114, 749 P.2d 769.) The procedures for inquiry into the competence of a defendant during criminal proceedings are set out in sections 1367-1375.5. Section 1367 provides, in pertinent part: "A person [201 Cal.App.3d 119] cannot be tried or adjudged to punishment while such person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter 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." Section 1368 implements section 1367 by requiring a judge to determine present competence: "[I]f, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, he shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent.... [p] b) If counsel informs the court that he believes the defendant is or may be mentally

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