California Court of Appeal

Trial court ruling is reversed where the court erred in placing on defendant the burden of showing that he was incompetent when tried and convicted since the burden at a retrospective hearing lies with the prosecution to show by a preponderance of the evidence that the defendant was competent to stand trial at the time he was tried.

Appellate Information

• Decided 04/20/2009
• Published 04/20/2009

Judges

• KLINE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James Kyle Gee, Oakland, under appointment by the Court of Appeal under the First District Appellant Program's Unassisted Case System, for Appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Asst. Attorney General, Gerald A. Engler, Sr. Asst. Attorney General, Rene A. Chacon, Supervising Dep. Atty. Gen., Joan Killeen, Deputy Attorney General, for Respondent.