If, three months after a defendant is held to answer on felony charges he is found not presently competent (Pen. Code, §§ 1368, 1370; statutory references, unless otherwise noted, are to the Penal Code) is he entitled to a new preliminary hearing once his competence is restored? Contrary to Miller v. Superior Court (1978)
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BOOTH v. SUPERIOR COURT OF LOS ANGELES COUNTY
Docket No. B108794.
57 Cal.App.4th 91 (1997)
RALPH CALVIN BOOTH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest
Court of Appeals of California, Second District, Division Seven.https://leagle.com/images/logo.png
August 18, 1997.
August 18, 1997.
Attorney(s) appearing for the Case
Michael P. Judge, Public Defender, William M. Thornbury and John Hamilton Scott, Deputy Public Defenders, for Petitioner.
No appearance for Respondent.
Gil Garcetti, District Attorney, Brent Riggs and William Woods, Deputy District Attorneys, for Real Party in Interest.
Court of Appeals of California, Second District, Division Seven.
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