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GABBARD v. COM.

No. 93-SC-039-MR.

887 S.W.2d 547 (1994)

Scotty Allen GABBARD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 22, 1994.

Attorney(s) appearing for the Case

Marie Allison, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellant.

Chris Gorman, Atty. Gen., Lana Grandon, Carol Ullerich, Asst. Attys. Gen., Criminal Appellate Div., Frankfort, for appellee.

LEIBSON, Justice.

Scotty Allen Gabbard appeals as a matter of right his conditional plea of guilty but mentally ill to the charges of first-degree rape and first-degree assault. The issues addressed in this opinion relate to the proper procedures in a trial court's determination of a defendant's competency to stand trial.

The offenses to which Gabbard conditionally pled guilty occurred on August 2, 1988, when Gabbard was 17 years old. Gabbard has been incarcerated...

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