Whether defendant is entitled to a competency hearing

QUESTION(S) PRESENTED Question (1) WHETHER DEFENDANT IS ENTITLED TO A COMPETENCY HEARING WHERE THE FACE OF THE COURT RECORD REFLECTS THAT THE STATE, DEFENSE COUNSEL AND THE COURT WERE ALL MADE AWARE THAT A DEFENDANT HAS EXTENSIVE MENTAL HEALTH ISSUES THAT BRINGS INTO QUESTION A DEFENDANT’S COMPETENCY. Question (2) WHETHER COUNSEL’S STATEMENT ON RECORD THAT HE CANNOT RECALL A CERTAIN SET OF FACTS RISES TO THE LEVEL OF SUFFICIENT EVIDENCE TO OVERCOME SWORN FACTS OF A DEFENDANT. ii