Sibug v. State

In the instant case,1 we must address the quagmire that results from a defendant in a criminal case having been adjudicated incompetent, then eight years later being tried and convicted in the same case without having been adjudged competent to stand trial.2

We shall hold that the court erred by failing to make a judicial determination of Sibug’s competency pursuant to Section 3-104 of the Criminal Procedure Article and also clearly *268erred, during sentencing, in finding Sibug competent to stand trial.3

In 1999, in the Circuit Court for Baltimore County, Mario Sibug, Petitioner, was charged with…