People v. Duncan

Opinion

COFFEE, J.

A defendant was found to be incompetent five months after his preliminary hearing, and criminal proceedings were suspended. After his competence was restored, he made a nonstatutory motion to dismiss the case. He argued that he had been incompetent at the time of the preliminary hearing, which rendered his commitment unlawful. The trial court granted his motion. We affirm.

Facts

A preliminary hearing was held following respondent Carl Roy Duncan’s arrest for robbery. The evidence showed that he was in the lobby of a residential hotel in downtown Los Angeles where he struck a…