Casey v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

This case concerns a defendant’s competency during sentencing in a probation revocation proceeding. Specifically, does a defendant’s presentation of evidence of in-eompetency constitute a hearing on competency when the trial court expressly refuses to hold a hearing on that issue? Also, the broader issue before us is whether a defendant must be competent to be sentenced at the time his probation is revoked.

On March 8, 1993, Appellant pled nolo contendere to misdemeanor theft. The trial court found him guilty and assessed punishment at…