Commonwealth v. Simmons

SPAETH, President Judge:

This is an appeal from judgment of sentence for robbery, criminal conspiracy, and theft. Appellant argues that the trial judge should have recused himself. 1 We agree, and therefore vacate the judgment of sentence and remand for new trial. 2

On January 19, 1981, three men robbed a 78 year-old man at knifepoint, taking his money and car. Appellant and another man were caught after a police chase and were charged with the robbery. Appellant’s counsel filed a petition for a mental examination to determine appellant’s competency to stand trial. The petition was granted, and…