Paolercio v. State

Petitioner, Alfonso Paolercio, seeks a writ of habeas corpus, ordering his immediate release from the county jail where he is being held without bond despite a finding of incompetency. The State properly concedes Petitioner is entitled to release. Accordingly, we grant the petition.

On February 26, 2012, Petitioner was arrested for possession of cocaine and two misdemeanor charges.1 Thereafter, he was found incompetent to proceed and released on his own recognizance.2 The trial court later determined that Petitioner was unlikely to regain competency because of a past traumatic brain injury and…