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Name: People v. Jernigan
Case #: H025098
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/03/2003
Subsequent History: None

The court was not required to appoint a second attorney to oppose a finding of incompetency when defendant’s attorney voiced concerns over her client’s competency. Also, the trial court’s failure to obtain a personal waiver of defendant’s right to be present at the competency hearing did not violate his due process rights. Appellant had impliedly waived his right to be present when he said he would not cooperate with counsel or the doctors (and refused to be interviewed by them), and there was no evidence he was involuntarily excluded from the hearing. Moreover, there was no showing of prejudice when the issue was submitted on the doctors’ reports, and the defendant had refused to be interviewed. There were no facts in the record to show appellant was not incompetent to stand trial.