PEOPLE v. ANDERSON

Docket No. 16531.

53 Mich. App. 60 (1974)

218 N.W.2d 412

PEOPLE v. ANDERSON

Michigan Court of Appeals.

Decided April 30, 1974.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Stanley Everett, Prosecuting Attorney, for the people.

Norris J. Thomas, Jr., Assistant State Appellate Defender, for the people.

Before: R.B. BURNS, P.J., and ALLEN and O'HARA, JJ.


R.B. BURNS, P.J.

This case was originally assigned to Judge ALLEN for the preparation of the Court's opinion. He has fully set forth the necessary facts and we agree with his opinion, except as to the trial court's failure to hold a hearing on the question of the defendant's competency upon his return from the forensic center.

In our opinion, once the question of competency is raised, the statute must be followed. A defendant who is incompetent could not intelligently...

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