Nowell v. Rees

OPINION

IRVINE, Presiding Judge.

¶ 1 Aaron Jaydon Nowell (“Nowell”) contends that the trial efforts to restore his competency to stand trial proved unsuccessful. The issue we must decide is whether Arizona Revised Statutes (“A.R.S.”) sections 13-4501 through -4517 (2001 and Supp. 2007) 1 and Rules 11.1 through 11.6 of the Arizona Rules of Criminal Procedure limit restoration efforts to the twenty-one months after a criminal defendant is first found to be incompetent. For the following reasons, we hold that the plain language of the statutes and rules limits the trial court’s authority to order…