A person can neither be proceeded against nor sentenced after conviction while he is incompetent as defined in this Section: (a) A defendant is incompetent to be proceeded against in a criminal action if, as a result of mental illness, disease or defect, he is unable (1) to understand the nature of the proceedings, (2) to assist and cooperate with his counsel, (3) to follow the evidence, or (4) to participate in his defense. (b) A defendant is incompetent to be sentence if, as a result of mental illness, disease or defect, he is unable (1) to understand the nature of the proceedings, (2) to understand the charge of which he has been convicted, (3) to understand the nature and extent of the sentence imposed upon him or (4) to assist and cooperate with his counsel. SOURCE: Guam PC 1367; M.P.C. § 4.04; *Cal. § 537 (T.D. 2 1968); Mass. ch. 263 § 28; N.J. § 2C:4-4. COMMENT: Section 7.37 is the direct replacement of former PC § 1367. Subsection (a) defines when a person is incompetent to be proceeded against in a criminal case, which definitions are essentially the same as currently used in decisional law of the Guam court. Subsection (b) defines when a person is incompetent to be sentenced and, likewise, the standards used are basically similar to those presently used by the Guam Court.
COL 2026-04-23