California Court of Appeal

The trial court's determination that defendant is mentally retarded within the meaning of Penal Code section 1367 is reversed where it incorrectly based its decision, concerning whether defendant suffered from significantly subaverage general intellectual functioning, on the wrong measure of overall intelligence.

Appellate Information

• Decided 12/06/2004
• Published 12/06/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Phillip J. Cline, Tulare County District Attorney, and Barbara J. Greaver, Deputy, for Petitioner., Michael Shetzer, Tulare County Public Defender, and Berry Robinson, Deputy, for Real Party in Interest., John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice, on behalf of Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.