Whalen v. State

SMITH, Judge.

Convicted of robbery and sentenced to a term of confinement for 99 years, Whalen’s sole contention on appeal is that the trial court erred in denying his motion for continuance which was presented on the day of the scheduled trial.

Two court-appointed psychiatrists examined Whalen two months before trial and submitted written reports — one seven weeks and the other 17 days before the scheduled trial — to the effect that Whalen was competent to assist counsel but that the examiners lacked sufficient information to ascertain his competency at the time of the alleged offense. Both…