Zieler v. State

May, J,

The defendant appeals his conviction and sentence for resisting without violence, burglary of a dwelling, and third degree grand theft. He argues the trial court erred in three ways: (1) failing to rule on his competency; (2) denying his motion for judgment of acquittal; and (3) instructing the jury on recently stolen property. We find merit in his argument that the trial court erred in failing to rule on a pending competency issue, but no merit in the remaining issues. We reverse and remand.

The State charged the defendant with grand theft auto, burglary of a dwelling, and resisting an…