Opinion

Bayliss v. State

  • 61 O.B.A.J. 2146
  • 795 P.2d 1079
  • 1990 OK CR 51
  • 1990 Okla. Crim. App. LEXIS 50
  • 1990 WL 107085
Court
Court of Criminal Appeals of Oklahoma
Filed
Jul 30, 1990
Status
Published
Author
Parks
On the bench
Lane, Vice-Presiding, Parks, Brett, Lumpkin, Johnson
Cited by
4 cases
Authority
More cited than 11.2%

The opinion

PARKS, Presiding Judge,

specially concurring:

While I concur with the majority, I would also vote to reverse due to the trial court’s failure to hold a post-examination competency hearing. The record reveals that upon defendant’s application, the court determined there was doubt as to the defendant’s competency to stand trial. The court ordered a psychiatric examination in accordance with the procedure specified in 22 O.S.1981, § 1175.1 — 1175.8. However, there is no evidence in the present record that the court then held a post-examination competency hearing as required by 22 O.S. 1981 , § 1175.4.

Once the examination has been completed, a “hearing on the competency of the person shall be held.” Title 22 O.S.1981, § 1175.4(A) (emphasis added). The statutory language clearly provides that a post-examination hearing is mandatory in every case in which a competency examination is conducted. See Scott v. State, 730 P.2d 7, 9 (Okl.Cr.1986); Kelly v. State, 735 P.2d 566, 567 (Okl.Cr.1987). Accordingly, failure to hold a post-examination competency hearing dictates reversal as well.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.