Boldware

ORDER

This case is hereby submitted effective January 8, 2001.

MEMORANDUM

We have jurisdiction under 28 U.S.C. §§ 1291 , 2253. We affirm.

A. Certificate of Appealability Required,

The notices of appeal in this consolidated case were both filed after the effective date of the AEDPA. Therefore, a certificate of appealability (“COA”) rather than a certificate of probable cause (“CPC”) was required.

B. Claim on Which a COA Issued (No. 98-55311)

The only claim on which a COA issued, and therefore over which we have jurisdiction, 4 is whether the state trial court violated Boldware’s due process rights by failing to sua sponte hold a com- ' petency hearing before accepting Bold-ware’s guilty plea. Because the evidence before the state trial court was insufficient to raise a bona fide doubt as to Boldware’s competency to enter a plea, we answer this question in the negative.

First, although the trial court referred Boldware for an evaluation pursuant to California Penal Code § 4011.6 because of an “incident” that occurred during lockup, 6 the mental health professionals that examined Boldware pursuant to this referral determined that Boldware was not a danger to himself or…