Lucero v. Superior Court CA4/1
This matter is before us on a petition for writ of mandate or prohibition filed by David Lucero challenging the trial court's decision on March 12, 2018, that it would not suspend the proceedings and appoint a mental health expert to evaluate whether Lucero is currently mentally competent to stand trial. The trial court previously found that Lucero was mentally competent to stand trial in 2016 based on a psychiatrist's evaluation performed at that time. We conclude that Lucero presented new evidence to the trial court that constituted substantial evidence he is not currently mentally competent to stand trial. Accordingly, the trial court was required, as a matter of law, to suspend the proceedings and order that a mental health expert perform an evaluation of Lucero's mental competency pursuant to Penal Code sections 1368 and 1369, and if necessary hold a hearing on Lucero's competency.
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