State v. P.E.T.

f 1 — At issue is whether the trial court improperly placed on Parish Tate the burden of proving his incompetence at a competency hearing under former chapter 10.77 RCW (2010). The hearing occurred during the juvenile court’s adjudication and disposition on the charge of second degree robbery.

Cox, J.

¶2 We previously concluded that the trial court erroneously placed the burden of proving incompetence on Tate, and we reversed and remanded.1 Following that decision, the supreme court, in State v. Coley, made clear that the burden of proof under this chapter is on the party challenging…