State v. Estes

OPINION

SCOTT, Judge.

The appellant was convicted of murder in the second degree and sentenced to fifty years in the state penitentiary. Much aggrieved by his conviction, he has presented nine issues for our consideration.

In the first issue he questions whether the court erred in requiring him to stand trial since he was incompetent to assist counsel during the course of the trial. Prior to trial defense counsel sought and was granted a court ordered evaluation of the appellant’s competency to stand trial. However, after the examination, no hearing was ever held on that issue. Counsel’s failure…