Is a failure to declare a doubt and conduct a hearing when there is substantial evidence of incompetence?
California, United States of America
The following excerpt is from People v. Firestone-Kelly, B281436 (Cal. App. 2018):
at p. 847 ["The failure to declare a doubt and conduct a hearing when there is substantial evidence of incompetence, however, requires reversal of the judgment of conviction."]; People v. Pennington (1967) 66 Cal.2d 508, 521 [failure to hold a hearing as required by section 1368 denies a "substantial right" and is "per se prejudicial."].)
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