defendant affirmatively waived post-examination competency hearing by a jury when he withdrew motion for hearing and requested case proceed to preliminary hearing
How later courts described this case
- defendant affirmatively waived post-examination competency hearing by a jury when he withdrew motion for hearing and requested case proceed to preliminary hearing
Written by the judges who cited it.
The opinion
PARKS, Presiding Justice,
specially concurring:
I write separately to address appellant’s fourth proposition of error wherein he claims that the trial judge abused his discretion by refusing to grant a change of venue. Unlike Hale v. State, 750 P.2d 130 (Okl.Cr.1988), I cannot conclude that appellant has overcome the presumption of a fair and impartial trial due to the fact that he waived four of his peremptory challenges at trial. (Tr. 392, 491, 492). Therefore, I concur in the majority’s decision to affirm the judgment and sentence herein.