California Court of Appeal

In a writ petition challenging the trial court's authority to hold a jury trial on the question of petitioner's current competence to stand trial for a 2005 home-invasion robbery, pursuant to Penal Code section 1370.1(b)(2), the writ is granted where competency proceedings pursuant to section 1370.1(b)(2) are inappropriate at this juncture in the 2005 case, however under appropriate circumstances, the current competency of an individual in petitioner's situation may properly be tested under the authority of section 1368, itself, without the need for a certificate of restoration.

Appellate Information

• Decided 08/05/2015
• Published 08/05/2015

Judges

• REARDON

Court

• California Court of Appeal

Counsel