State v. Bius

OPINION

WOOD, Chief Judge.

Defendant pled guilty to burglary. Section 40A-16-3, N.M.S.A.1953 (2nd Repl. Vol. 6). His appeal asserts the trial court erred in accepting the guilty plea because the question of his competency to plead had previously been raised and that question had not been determined by the court.

On May 2, 1972, defendant moved for a psychiatric examination to determine whether defendant was competent to stand trial and assist counsel in his defense. The defendant represented to the court that he had been in four mental hospitals and had recently been released from a mental…