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Phelps v. State

The defendant was entitled to a determination of whether he was mentally competent to stand trial.

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Following a jury trial, appellant Kevin Paul Phelps was convicted of aggravated assault, terroristic threats, and burglary. Because the trial court erred in failing to determine whether Phelps was mentally competent to stand trial, we reverse and remand this case to the trial court for proceedings consistent with this opinion. The evidence viewed in favor of the verdict showed that on the evening of September 15, 2004, Phelps went to the home of his parents, where he banged on the doors and windows and threatened to kill his father. He also used a machete to slash the screen door and break glass out of the front door. Phelps’s father obtained a revolver and shot it in Phelps’s direction, at which time Phelps fled.

Law enforcement officers arrived a short time later and, while they remained at the scene, Phelps returned. After Phelps was placed in handcuffs, he spit on his father and again began threatening to kill him.

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