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PEOPLE v. SOLORZANO

No. F043786.

24 Cal.Rptr.3d 735 (2005)

126 Cal.App.4th 1063

The PEOPLE, Plaintiff and Respondent, v. Jose Luis SOLORZANO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 14, 2005.

Attorney(s) appearing for the Case

Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Stan Cross and R. Robert Jibson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GOMES, J.

ISSUE ON APPEAL

While proceedings are pending to determine "if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner" (Pen.Code, § 1367, subd. (a)), can a court's refusal to hear the defendant's Marsden

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