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Name: People v. Solorzano
Case #: F043786
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/14/2005

The trial court’s refusal to hear the defendant’s Marsden motion while proceedings were pending to determine the defendant’s competency to stand trial required a reversal of the judgment and a new trial. The Marsden motion was made by appellant after his counsel sought to submit the issue of his competency on the basis of two evaluations opining that appellant was competent to stand trial. Appellant desired a jury trial on the issue, and when counsel indicated his intent to submit the matter on the report, appellant made a Marsden motion. The trial court’s refusal to hear that motion was error, and was not cured by the court’s consideration of the Marsden motion at a later date.