Pate v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a judgment which convicted Pate of first-degree sodomy and three counts of first-degree sexual abuse. He was sentenced to a total of 20 years in prison.

The principal issue is whether it was error for the trial judge to refuse to hold a second competency hearing prior to Pate’s sentencing.

A competency hearing was held October 19, 1987, and the trial judge determined that Pate was competent to stand trial which was held without a jury on January 12, 1988. On January 13, the prosecutor filed a motion to have Pate examined before final sentencing to…