California Court of Appeal

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Carr v. Super. Ct., 147957

In an petition for writ of mandate or prohibition directing the superior court to vacate petitioner's competency trial, and to instead order that he be placed in either the Porterville Developmental Center or Patton State Hospital for evaluation and treatment, the petition is denied where: 1) because the statutory scheme surrounding competency determinations envisions the speedy attainment of mental competence and vests responsibility for competency certification in state mental health officials, petitioner''s competency evaluation and certification by the Department of Developmental Services and the Department of State Hospitals while he was awaiting transfer for treatment at Porterville or Patton was permissible; and 2) the declaration and certificate of competency filed in the superior court was adequate to initiate proceedings to determine whether his competency was restored.

Appellate Information

  • Decided
  • Published 2017/04/28




  • California Court of Appeal