People v. Rells

Opinion

MOSK, J.

We granted review to resolve an important issue under the law that governs inquiry into the mental competence of a defendant in a criminal prosecution.

For a trial of a defendant’s mental competence, Penal Code section 1369 establishes a presumption that the defendant is mentally competent unless he is proved by a preponderance of the evidence to be otherwise. In so doing, it operates to impose the burden of proof on the party, if any, who claims that the defendant is mentally incompetent, and fixes the weight thereof at preponderance of the evidence.

The question that we shall…