Supreme Court of Louisiana, 2010

State v. Robinson

State v. Robinson
Supreme Court of Louisiana · Decided December 17, 2010 · Johnson
50 So. 3d 156; 2010 La. LEXIS 2831; 2010 WL 5129846 (Southern Reporter, Third Series)
State v. Robinson

Cases that cite this one

6 later published cases cite this decision.

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Opinion

PER CURIAM. *

GRANTED. The judgment of the court of appeal vacating the defendant’s conviction, habitual offender adjudication, and sentence is reversed. The State concedes *157 the trial court failed to determine whether the defendant was competent to proceed prior to commencing jury trial; however, the State contends the matter should be remanded to the trial court for a determination of whether a nunc pro tunc finding of competency remains possible. We agree. Per State v. Snyder, 98-1078 (La.4/14/99), 750 So.2d 882, we remand the matter to the trial court to determine whether a meaningful inquiry can be had regarding defendant’s competency. If it is found that a meaningful retrospective competency hearing is possible, we order the hearing to be conducted and the issue to be determined.

JOHNSON, J., would deny the writ application.
*

Chief Justice Catherine D. Kimball not participating.

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