Gary William Music v. Department of Motor Vehicles

We hold that when a defendant challenges a certification that he has regained mental competence (Pen. Code, § 1372, subd. (a)(1)) and demands a hearing (§ 1372, subd. (c)), the section 1369, subdivision (f) presumption ("It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent") applies at that hearing.