People v. R.V.

CHIN, J.,

Dissenting. — I agree with the majority that, under Welfare and Institutions Code section 709,1 a minor is presumed competent and bears the burden of proving otherwise by a preponderance of the evidence. However, under the deferential standard of appellate review that applies in light of this conclusion, I would affirm the juvenile court’s finding that R.V. was competent. I therefore dissent.

1. The Standard of Review.

The standard of appellate review that applies here follows from (1) the majority’s conclusion, with which I agree, that R.V. bore the burden of proving incompetency by a…