State v. Davis

The opinion of the court was delivered by

NUSS, J.:

Jeffrey L. Davis appeals the denial of his motion to correct an illegal sentence. After he was charged with rape, aggravated kidnapping, and battery, his attorney filed a motion to determine Davis’ competency. Although the district magistrate judge ordered the competency determination, his order was returned without service on the hospital. Despite the lack of a competency determination, Davis’ preliminary hearing, arraignment, and jury trial proceeded.

After Davis’ convictions of two counts of rape and his accompanying sentence of 620 months’…