 Therefore a separate competency to refuse the insanity defense would have to be held that is similar to an evaluation of the defendant's mental state at the time of the offense.Realistically, because of the Supreme Court's holding in "Godinez v. Moran", it is most likely that the court would hold that if a defendant is competent to stand trial, then he is also competent to waive the insanity defense, as the two competencies are equivalent.