California Court of Appeal

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PEOPLE v. ARY, A095433

Given the substantial evidence that defendant, who is mentally retarded, was unable to understand the nature of the proceedings against him or to assist in his defense, the trial court's failure to order a competency hearing per Penal Code section 1368 deprived him of a fair trial. Remanded for a retrospective competency hearing.

Appellate Information

  • Decided 03/11/2004
  • Published 03/11/2004


  • HAERLE, J.


  • California Court of Appeal


  • For Appellant:
  •  Martin N. Buchanan and James Kyle Gee, under appointments by the Court of Appeal under the First DistrictAppellate ProjectIndependent Case System, for Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Robet R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, George F. Hindall, III, Assistant Supervising Deputy Attorney General, Joan Killeen, Deputy Attorney General, for Respondent.
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