PHELPS v. STATE

No. A08A2259.

674 S.E.2d 620 (2009)

PHELPS v. The STATE.

Court of Appeals of Georgia.

March 2, 2009.


Attorney(s) appearing for the Case

John W. Sherrer Jr., Vienna, for appellant.

Denise D. Fachini, District Attorney, Barbara A. Becraft, Assistant District Attorney, for appellee.


BERNES, Judge.

Following a jury trial, appellant Kevin Paul Phelps was convicted of aggravated assault, terroristic threats, and burglary. Because the trial court erred in failing to determine whether Phelps was mentally competent to stand trial, we reverse and remand this case to the trial court for proceedings consistent with this opinion.

The evidence viewed in favor of the verdict showed that on the evening of September 15, 2004, Phelps went to the home...

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