Commonwealth v. Hazur

CERCONE, Judge:

This is a Commonwealth appeal from the order of the lower court of June 26, 1987 finding appellee, Diane Hazur, to be incompetent to stand trial and dismissing the charges of driving under the influence that were filed against her.

Appellee was arrested and charged with driving under the influence in Luzerne County. Trial was scheduled to begin on April 21, 1987. However, on that date appellee’s counsel requested a hearing pursuant to the Mental Health Procedures Act 50 P.S. § 7401 et seq. which provides a procedure for determining a defendant’s competency to stand trial. The…