Owens, Charles Ray Jr. v. State

Alcala, j.,

dissenting

I respectfully dissent from this Court’s judgment remanding this case to the court of appeals for consideration of the third issue raised by Charles Ray Owens, appellant. I would instead remand this case to. the trial court for it to determine whether it is feasible to conduct a retrospective competency, hearing, and, if so, to conduct that hearing. If a retrospective competency hearing is feasible and if appellant is found to be competent, then the court of appeals should address appellant’s third issue.

I. Background

Appellant was charged with felony murder for the death…