Rodolfo "Rudy" Antonio Romero, who is accused of killing his schoolteacher wife, on Friday was found mentally competent to stand trial.
He's scheduled to be back in court in April.
Merced County Superior Court Judge Marc Garcia found Romero competent after reviewing reports submitted from Napa State Hospital, where he had been sent, said Rob Carroll, chief deputy district attorney. Garcia reinstated the criminal proceedings in the case.
The criminal case against the defendant was put on hold in May after Garcia determined the defendant was mentally incompetent for trial.
Carroll said he wants the case to keep moving. "We are looking forward to litigating the matter now that the judge has found the defendant to be competent to stand trial and helping the family get closure," he said.
Medical staff signed a certificate of competency, confirming Romero's mental fitness to stand trial in his wife's killing.
Jeffrey Tenenbaum, Romero's attorney, said he agreed to move forward with the case. "We didn't fight it," he said.
His client is scheduled to be back in court for a preliminary hearing at 1:30 p.m. April 12 in Courtroom 2.
After doctors concluded last month that Romero was competent, Tenenbaum asked the judge for more time to make sure his client was sane.
"We previously asked for an opportunity to have our own doctor look at the medical records," he said.
However, Tenenbaum declined to disclose anything said by Richard Blak, a Fresno psychologist, or what Blak's findings were, citing attorney-client privilege.
The defense attorney did say he always has been worried about Romero's mental health. "I'm still concerned about it," he said.
Diane Romero was a third-grade teacher at Peterson Elementary School.
Merced police responded to the couple's home the morning of Sept. 16, 2010. Diane Romero's body was found in the swimming pool with numerous stab wounds.
The defendant was found in the back yard. He had superficial stab wounds the prosecution believes were self-inflicted.
He is charged with first-degree murder, with an enhancement of the use of a deadly weapon. He faces 26 years to life in prison if convicted.
He remains at the Merced County Jail in lieu of $1 million bail.
Reporter Yesenia Amaro can be reached at (209) 385-2482 or yamaro@mercedsunstar.com.