State v. Silva

OPINION

PORTLEY, Judge.

¶ 1 We are asked to decide whether the superior court had authority to decide that Santos Alberto Silva, Jr. (“Silva”) was competent to be tried for first degree murder even though he was found incompetent three separate times and the cumulative time he spent in a restoration program exceeded twenty-one months. We find no error.

PROCEDURAL BACKGROUND

¶ 2 Silva was indicted on December 22, 1999, for first degree murder after he stabbed his wife to death. The State sought the death penalty, and alleged that the murder was committed in an especially cruel, heinous or depraved…