Supreme Court of Colorado

Farouk Nagi, Petitioner v. the People of the State of Colorado, Respondent

February 21, 2017389 P.3d 875

Summary

The court held that the statutory speedy-trial exclusion for competency observation or examination applies to the entire period of an actual competency evaluation, without requiring appellate review of the evaluation order’s necessity or propriety. The court recognized a good-faith limitation but found no indication that the evaluation was ordered to delay trial or deprive Nagi of a protected right, so his trial occurred within the statutory six-month period and the judgment was affirmed. Justice Márquez, dissenting, would have held that the trial court lacked an objectively reasonable basis to order the evaluation and that the evaluation period therefore could not be excluded.