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STATE v. TARTAGLIA

No. 376.

461 P.2d 921 (1969)

80 N.M. 788

STATE of New Mexico, Plaintiff-Appellee, v. Joseph TARTAGLIA, Defendant-Appellant.

Court of Appeals of New Mexico.

November 7, 1969.

Attorney(s) appearing for the Case

Turner W. Branch, Albuquerque, for appellant.

James A. Maloney, Atty. Gen., Santa Fe, Vince D'Angelo, Asst. Atty. Gen., for appellee.

OPINION

WOOD, Judge.

Convicted of burglary, defendant appeals. He had been determined to be mentally incompetent to stand trial. The dispositive issue concerns a "redetermination" of mental competency to stand trial.

The applicable portion of § 41-13-3.1, N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1969) reads:

"* * * When the determination is made that a defendant does not have mental capacity to stand trial, the court shall commit him to the...

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