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STATE v. J.C.

No. 17-0713.

828 S.E.2d 100 (2019)

STATE of West Virginia, Respondent, v. J.C. Juvenile below, Petitioner.

Supreme Court of Appeals of West Virginia.

Filed: May 17, 2019.

Attorney(s) appearing for the Case

Matthew Brummond, Esq. , Public Defender Services, Charleston, West Virginia, Counsel for the Petitioner.

Patrick Morrisey, Esq. , Attorney General, Lindsay S. See, Esq. , Solicitor General, Gordon L. Mowen, II., Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for the State of West Virginia.

In the instant case, the circuit court found a juvenile accused of delinquency not competent to proceed. "It is a fundamental guaranty of due process that a defendant cannot be tried or convicted for a crime while he or she is mentally incompetent." Syl. Pt. 5, in part, State v. Hatfield, 186 W.Va. 507,

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