Sibug v. State
Annotate this CaseIn 1999, Petitioner was charged with, among other crimes, three counts of first degree assault. In 2000, the circuit court determined that Petitioner was incompetent and ordered that he be committed. In 2004, Petitioner was found competent to stand trial. Petitioner pled not guilty to the charges of second degree assault. Petitioner was found guilty. The circuit court determined vacated Petitioner’s sentence and ordered a new trial, concluding that Petitioner’s counsel provided ineffective assistance because he had not advised Petitioner of the immigration consequences of his assault conviction. After a retrial, the jury found Petitioner guilty of two counts of first-degree assault and two counts of second-degree assault, among related crimes. Petitioner was sentenced to ten years’ imprisonment. Petitioner appealed, arguing that the trial court erred in failing to determine, prior to trial, that he was competent to stand trial and erred in finding at sentencing that he was competent to stand trial. The court of special appeals affirmed. The Court of Appeals reversed, holding that, pursuant to Md. Code Ann. Crim. Proc.. 3-104, the trial court was required to make a determination upon retrial whether Petitioner was competent to stand trial and therefore clearly erred in determining at sentencing that Petitioner was competent.
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