(Download) "People V. Marks" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Marks
- Author : Supreme Court Of California
- Release Date : January 14, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death imposed pursuant to California's 1978 death penalty statutes. (Pen. Code, § 190 et seq.)*fn1 We reverse the entire judgment because the trial court failed to conduct a competency hearing pursuant to sections 1368 and 1369 after specifically stating a doubt as to defendant's competency to stand trial and ordering a hearing to determine his competency. We reiterate our recent unanimous holding in People v. Hale (1988) 44 Cal. 3d 531 [244 Cal. Rptr. 114, 749 P.2d 769] that, once a trial court has ordered a competency hearing pursuant to section 1368, the court lacks jurisdiction to conduct further proceedings on the criminal charge or charges against the defendant until the court has determined whether he is competent. This determination is mandated by the federal constitutional requirement of due process and by unambiguous California statutes.
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