Martinez v. Commonwealth (PUBLISHED ORDER)

Upon consideration of the record, briefs, and arguments of counsel, for the reasons set forth below, the Court is of opinion that it does not have jurisdiction to consider this appeal.

On May 19, 2005, Oswaldo Elias Martinez (Martinez) was indicted in the Circuit Court of the City of Williamsburg and James City County, for two counts of capital murder, in violation of Code § 18.2-31, for events alleged to have occurred on January 2, 2005. The circuit court ordered that Martinez, a deaf and mute individual from El Salvador, be evaluated for his "capacity to understand the proceedings against…