P. v. Firestone-Kelly CA2/4
This case presents a challenging question: Where the parties agree there was a prejudicial error below, and the trial court acted in excess of its jurisdiction by entering judgment, must this court nonetheless dismiss the appeal because the defendant has not obtained a certificate of probable cause required by Penal Code section 1237.5?
During pretrial proceedings, the trial court declared a doubt as to the competency of defendant John Firestone-Kelly, and suspended all proceedings under section 1368, subdivision (c). Once the trial court has declared a doubt as to a defendant’s competency and suspended proceedings, the trial court is required to hold a competency hearing; this requirement may not be waived. Any further proceedings, other than a competency hearing, are in excess of the court’s jurisdiction.
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