State v. McPherson

OPINION

HAIRE, Presiding Judge.

The defendant, Malcolm McPherson, was charged with armed residential burglary, theft, and criminal damage. The trial court, Judge Mangum, dismissed the charges pursuant to Rule 11.6(e), Arizona Rules of Criminal Procedure. The state has appealed, raising the following arguments:

1. The trial court erroneously found that McPherson was permanently incompetent and that the charges against him were comparatively minor, and, therefore, erroneously dismissed the charges under Rule 11.6(e).

2. McPherson waived his right to be tried while competent by choosing to withdraw…