Wissner v. State

OPINION

KRUCKER, Judge.

The petitioner, defendant in a pending City Court criminal prosecution for shoplifting, seeks relief by way of special action from a denial of his motion to have his mental condition examined pursuant to Rule 11, Rules of Criminal Procedure, 17 A.R.S. The magistrate recognized the petitioner’s right to have the issue of his competency to stand trial determined, but concluded that City Court lacked jurisdiction to conduct such inquiry and therefore petitioner’s sole remedy was to petition Superior Court concerning his mental condition.

Rule 11.1, Rules of Criminal…