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PEOPLE v. MIXON

Docket No. B036192.

225 Cal.App.3d 1471 (1990)

275 Cal. Rptr. 817

THE PEOPLE, Plaintiff and Respondent, v. RODNEY J. MIXON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

November 27, 1990.

Attorney(s) appearing for the Case

COUNSEL

Robert Derham, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Edward T. Fogel, Jr., Assistant Attorney General, John R. Gorey and Ivy E. Kessel, Deputy Attorneys General, for Plantiff and Respondent.

OPINION

WOODS (Fred), J.

We hold that when a defendant challenges a certification that he has regained mental competence (Pen. Code,1 § 1372, subd. (a)(1)) and demands a hearing (§ 1372, subd. (c)), the section 1369, subdivision (f) presumption ("It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally...

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