In Dusky v. United States (1960) 362 U.S. 402, the Supreme Court set forth the federal constitutional test for determining competence to stand trial in. The test is whether the defendant "'has sufficient present ability to consult with her lawyer with a reasonable degree of rational understanding--and whether she has a rational as well as factual understanding of the proceedings against her.'" (Ibid.) It is not sufficient for the court to determine the defendant is oriented to time and place and is able to recall events. (Ibid.)