Supreme Court of Colorado

Farouk Nagi, Petitioner v. the People of the State of Colorado, Respondent — Marquez, J., Dissenting

February 21, 2017389 P.3d 875

Summary

Justice Márquez dissented from the majority’s conclusion that the competency-evaluation period automatically tolled the statutory speedy-trial period. She would have held that a court must identify an objective, reasonable basis to believe the defendant is incompetent before ordering an evaluation and excluding that period. Justice Márquez would have reversed and remanded for vacation of Nagi’s conviction because the trial court relied solely on his decision to represent himself. Justices Hood and Gabriel joined the dissent.