In re: Taitano
Annotate this CaseTaitano was found incompetent to stand trial for murder, robbery, carjacking, attempted kidnapping, first-degree burglary, and reckless evasion of a police officer resulting in great bodily injury. His commitment facility subsequently found there was no substantial likelihood he would be restored to mental competence in the foreseeable future. He completed the three-year maximum commitment period and was determined not to be subject to a conservatorship as gravely disabled. The trial court granted Taitano habeas corpus relief and released him, concluding that Penal Code 1368 did not authorize a new competency hearing. The court of appeal affirmed. Section 1368 reads: “If, during the pendency of an action and prior to judgment. . . a doubt arises in the mind of the judge as to the mental competence of the defendant, he ... shall state that doubt in the record,” inquire of defense counsel, and depending on counsel’s position must or may order a competency hearing. If the court orders a competency hearing, “all proceedings in the criminal prosecution shall be suspended until the question of the present mental competence of the defendant has been determined.” The plain meaning is that the court can stop criminal proceedings to make sure the defendant is competent to stand trial; the statute does not indicate it also applies to determine if a defendant is no longer incompetent despite the facility’s evaluation.
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