Moody v. Commonwealth

GUDGEL, Judge:

This is an appeal from a judgment entered by the Jefferson Circuit Court. After a jury trial, appellant was adjudged guilty but mentally ill of the offense of first-degree robbery. On appeal, appellant contends the trial court erred by failing to determine whether he was competent on the date of his sentencing hearing. We agree. Hence, we vacate the court’s judgment and remand this case with directions that the court conduct a resentencing proceeding consistent with our views.

Appellant was arrested on October 26, 1982, after committing a robbery at Wish’s Drug Store. After he…