Malo v. State

Defendant (Appellant) was convicted of inflicting an injury while engaged in the commission of a robbery (Ind. Code 1971, § 35-13-4-6) and was sentenced to life imprisonment. His appeal presents the following three issues:(1) Did the trial court err in failing, during the trial, to adjourn sua sponte and order a hearing to determine the defendant’s competence to stand trial?(2) Did the trial court err in failing to declare a mistrial sua sponte, for prosecutorial misconduct during final argument?(3) Did the trial court err in denying the defendant’s tendered instruction No. 1, which…