RIDER v. GARCIA EX REL. COUNTY OF MARICOPA

No. 1 CA-SA 13-0122.

312 P.3d 113 (2013)

Lamont Desmond RIDER, Petitioner, v. The Honorable Jeanne GARCIA, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department C.

September 5, 2013.


Attorney(s) appearing for the Case

Bruce F. Peterson , Maricopa County Legal Advocate by Julie E. Rose , Deputy Legal Advocate, Frances J. Gray , Deputy Legal Advocate, Phoenix, Attorneys for Petitioner.

William G. Montgomery , Maricopa County Attorney by Arthur G. Hazelton, Jr. , Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.


OPINION

SWANN, Judge.

¶ 1 In this case, a defendant in a murder case could not be made competent to stand trial within 21 months of his incompetency finding and the charges were dismissed without prejudice. After a period of inpatient civil commitment, the defendant faced unsupervised release into the community. The state refiled the charges, arrested the defendant before his release and continued to treat him at the jail.

¶ 2 This special...

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