Sally v. State

This is an appeal from (a) multiple convictions for burglary, sexual battery, and false imprisonment, (b) an order revoking probation, and (c) sentences imposed thereunder totalling eighty-five years imprisonment. The sole point on appeal is a claimed trial court error in denying the defendant James Sally’s supplemental post-trial, post-sentencing motion for a new trial.

In the said motion the defendant claimed for the first time below that he was mentally incompetent to stand trial stating as grounds that (1) the defendant, without counsel’s knowledge, was taking a psychotropic drug during…