Baqleh v. Superior Court

Opinion

KLINE, P. J.

If during the pendency of a criminal action and prior to judgment counsel informs the court he or she believes the defendant is or may be mentally incompetent, the court shall suspend the criminal proceedings and order that the question of the defendant’s mental competence be determined at a trial of that question by court or jury. (Pen. Code, § 1368.) Thereafter, “[t]he court shall appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant.” (§ 1369, subd. (a).)

This case presents the questions whether a…