Shakes v. State

Odane Shakes appeals his convictions for attempted aggravated'battery on a law enforcement officer and resisting an officer with violence. He entered open pleas of no contest and was' sentenced to concurrent ten-year and five-year prison sentences. On appeal, Shakes argues that his due process rights were violated by the trial court’s failure to hold an adequate competency hearing to determine that his competency had been restored and that he should-therefore be permitted to withdraw his plea. We agree.

On November 14, 2013, the trial court entered an order finding Shakes incomper tent to…