Donald Keith Smith v. State of Mississippi

¶ 22. I respectfully disagree that the case sub judice implicates Uniform Rule of Circuit and County Court Practice 9.06, upon which the majority bases its holding. Accordingly, I dissent.

I. The Court of Appeals correctly held that Rule 9.06 does not apply to the case sub judice.

¶ 23. In short, I agree with the well-reasoned opinion issued by the Court of Appeals in Smith v. State, 149 So.3d 1048, 2013 WL 5799825 (Miss.Ct.App. Feb. 18, 2014), wherein the Court of Appeals noted that nothing in the record indicates that Smith’s competency to stand trial was *1036questioned. Id. at 1052 (¶ 7), 2013…