People v. Howard, Docket No. 10637
| Decision Date | 19 January 1972 |
| Docket Number | No. 3,Docket No. 10637,3 |
| Citation | 195 N.W.2d 289,37 Mich.App. 662 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. John HOWARD, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
James A. Brisbois, Saginaw, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., George E. Thick, II, Pros. Atty., for plaintiff-appellee.
Before R. B. BURNS, P.J., and FITZGERALD and V. J. BRENNAN, JJ.
Defendant was convicted by a jury of two counts of first-degree murder (M.C.L.A. § 750.316; M.S.A. § 28.548). Prior to his trial, defendant's attorneys moved to have him committed in order that his competency to stand trial be determined as provided by GCR 1963, 786.3. The court originally ordered such a commitment, but subsequently amended its order to provide that defendant be examined by a local clinical psychologist, the purpose being to determine whether commitment to a diagnostic facility was necessary to determine defendant's competency.
We feel the judge's actions in this regard were erroneous and reversible. The court rule (GCR 1963, 786.3) is mandatory. Whenever there is any question as to a defendant's competency to stand trial, and that question is raised upon defendant's motion, the court 'shall' order the defendant committed to a diagnostic facility. People v. Ledbetter, 31 Mich.App. 160, 187 N.W.2d 507 (1971).
Reversed and remanded for commitment to a diagnostic institution and for a new trial.
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