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PEOPLE v. DUNCAN

No. B130673.

93 Cal.Rptr.2d 173 (2000)

78 Cal.App.4th 765

The PEOPLE, Plaintiff and Appellant, v. Carl Roy DUNCAN, Defendant and Respondent.

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

Rehearing Denied March 27, 2000.

Review Denied June 21, 2000.

Attorney(s) appearing for the Case

Gil Garcetti, District Attorney; Brent Riggs, Juliet Schmidt, Deputy District Attorneys, for Plaintiff and Appellant.

Bruce A. Hoffman, Alternate Public Defender; Reid Honjiyo, Anthony Rayburn, Deputy Alternate Public Defenders, for Defendant and Respondent Carl Roy Duncan.

COFFEE, J.

A defendant was found to be incompetent five months after his preliminary hearing, and criminal proceedings were suspended. After his competence was restored, he made a nonstatutory motion to dismiss the case. He argued that he had been incompetent at the time of the preliminary hearing, which rendered his commitment unlawful. The trial court granted his motion. We affirm.

FACTS

A preliminary hearing was held following respondent Carl...

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