June 27, 2019

Colorado Supreme Court: Competency Evaluation Properly Excluded from Speedy Trial Calculation

The Colorado Supreme Court issued its opinion in Nagi v. People on Tuesday, February 21, 2017.

Criminal Trials—Continuances—Speedy Trial.

Defendant sought review of the Colorado Court of Appeals’ judgment affirming his conviction and sentence for sexual assault on a child by one in a position of trust. See People v. Nagi, 2014 COA 12. In addition to rejecting his challenge to the legality of his sentence, the court of appeals rejected defendant’s assertion that he was denied his statutory right to a speedy trial, as prescribed by C.R.S. § 18-1-405. Defendant had argued that the district court lacked sufficient grounds to justify ordering a competency evaluation, and that the period during which defendant was under observation or examination was therefore not properly excluded from the calculation of the time within which trial was statutorily required. With one member of the panel dissenting, the appellate court found that the district court did not abuse its discretion in ordering the evaluation, notwithstanding its reference to defendant’s choice to proceed pro se as at least one of the reasons for questioning his competency, and that the evaluation period was therefore properly excluded and defendant’s statutory speedy trial right was not violated.

Summary provided courtesy of The Colorado Lawyer.

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