People v. Gonzales

*1083 A person charged with crime may not stand trial if he is mentally incompetent. Once defense counsel declares a doubt as to competence, it may not be withdrawn. The issue can only be resolved upon a trial court finding of competence vel non.

Ruben Matthew Gonzales appeals his conviction by jury of first degree murder with personal use of a deadly weapon. (Count 1; Pen. Code, §§ 187, subd. (a), 189, 12022, subd. (b)(1).) 1 He was sentenced to state prison for an aggregate term of 33 years and eight months to life.

*1084 He contends that his due process rights were violated because the trial court failed to conduct a competency hearing after defense counsel declared a doubt as to appellant's competency and the proceedings were suspended pursuant to section 1368. We conditionally reverse the judgment of conviction and remand with directions to determine whether a retrospective competency hearing is feasible and, if so, to conduct a competency hearing. ( People v. Ary (2011) 51 Cal.4th 510 , 515, fn. 1, 120 Cal.Rptr.3d 431 , 246 P.3d 322 ( Ary );

*846 People v. Robinson (2007) 151 Cal.App.4th 606 , 619, 60 Cal.Rptr.3d 102 ( Robinson ).)

Facts

On the morning of July 8, 2014,…