Richardson v. State

Dissenting Opinion

Staton, P.J.

— I dissent to the majority’s disposition of Issue Three. The trial court should have held a competency hearing before determining that Richardson was competent. The proper question for our review is not abuse of discretion, a question of fact. It is whether there is evidence of a reasonable doubt of Richardson’s competency in the record to initiate a competency hearing, a question of law. I would remand this cause to the trial court for a competency hearing to assure a fair trial.

I

Abuse of Discretion

A competency hearing is not discretionary under IC 1971,…