Sims v. State

JOHNSON, Presiding Judge.

Willie Sims and Cornelius Pitts were indicted for aggravated sodomy. Sims entered a plea of incompetency to stand trial based on mental retardation. The issue of Sims’ mental competency was tried before a special jury, which found Sims competent to stand trial. Thereafter, Sims and Pitts were tried together. Sims, however, waived his right to a jury trial and was tried by the court, while Pitts proceeded with a jury trial. The jury found Pitts guilty, and the court found Sims guilty but mentally retarded. The court sentenced both Sims and Pitts to serve ten years in…