Rider v. Garcia

OPINION

SWANN, Judge.

¶ 1 In this case, a defendant in a murder ease could not be made competent to stand trial within 21 months of his ineompeteney finding and the charges were dismissed without prejudice. After a period of inpatient civil commitment, the defendant faced unsupervised release into the community. The state refiled the charges, arrested the defendant before his release and continued to treat him at the jail.

¶2 This special action requires us to decide whether the state has the power to take such action when charges have been previously dismissed based on the defendant’s lack of…