THE PEOPLE, Plaintiff and Respondent,
v.
DAVID T. SAMUEL, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
June 15, 1981.
June 15, 1981.
Attorney(s) appearing for the Case
COUNSEL
Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Janice L. Feinstein, Deputy Public Defender, for Defendant and Appellant.
Frank L. Williams, Jr., Public Defender (Orange), and William J. Kopeny, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Jay M. Bloom and Jesus Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.
Cecil Hicks, District Attorney (Orange), Michael R. Capizzi, Assistant District Attorney, and John D. Conley, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.
Supreme Court of California.
OPINION
MOSK, J.
(1) It is a fundamental canon of criminal law, and a foundation of due process, that "A person cannot be tried or adjudged to punishment while such person is mentally incompetent." (Pen. Code, § 1367; Pate v. Robinson (1966) 383 U.S. 375, 378 [15 L.Ed.2d 815, 818, 86 S.Ct. 836]; People v. Laudermilk...
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