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STATE v. COLEY

No. 30003-0-III.

286 P.3d 712 (2012)

STATE of Washington, Respondent, v. Blayne Jeffrey COLEY, Appellant.

Court of Appeals of Washington, Division 3.

October 9, 2012.

Attorney(s) appearing for the Case

David L. Donnan , Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Appellant.

D. Angus Lee , Carole Louise Highland , Grant County Prosecuting Attorney, Ephrata, WA, for Respondent.

SWEENEY, J.

¶ 1 There is a general presumption in this state that a defendant is competent to stand trial and assist in his own defense. Based on this presumption of competency, the defendant bears the burden of proof to show that he is incompetent to stand trial. Here, the court had concluded that the defendant was incompetent and sent him for evaluation and treatment. In the follow-up competency hearing, the court imposed the burden to prove incompetency on...

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