We granted appellant Willie Sims’ petition for certiorari in Sims v. State , 267 Ga. App. 572 1 600 SE2d 613 2004, in order to address whether the Court of Appeals applied the appropriate standard of appellate review of the judgment entered on a special verdict that a criminal defendant is competent to stand trial. Because we reject the “any evidence” standard for review of competency verdicts, we reverse the judgment of the Court of Appeals. Prior to his aggravated sodomy conviction, Sims filed a plea of mental incompetency based on mental retardation pursuant to OCGA § 17-7-130.1 A special jury found him competent and Sims and his co-defendant were thereafter tried together. Sims was found guilty of aggravated sodomy and sentenced as “guilty but mentally retarded.” 2 Sims appealed contending the evidence was insufficient to sustain the special jury’s finding that he was fit to proceed to trial. Finding that there was some evidence to support the jury’s verdict of competency, the Court of Appeals affirmed. See Sims v. State , supra, 267 Ga. App. at 572 1.
1. Competency involves a defendant’s mental state at the time of trial. Lindsey v. State , 252 Ga. 493 III 314 SE2d 881 1984. The constitutional test for competency seeks to determine whether the defendant is capable of understanding the nature and object of the proceedings, whether he comprehends his own condition in reference to such proceedings and whether he is capable of rendering his counsel assistance in providing a proper defense. Norris v. State , 250 Ga. 38 3 295 SE2d 321 1982. See Dusky v. United States , 362 U.S. 402 80 SC 788, 4 LE2d 824 1960. The constitutional requirement of trial competency “is rudimentary, for upon it depends the main part of those rights deemed essential to a fair trial, including the right to effective assistance of counsel, the rights to summon, to confront, and to cross-examine witnesses, and the right to testify on one’s own behalf or to remain silent without penalty for doing so.” Riggins v Nevada , 504 U.S. 127, 139-140 112 SC 1810; 118 LE2d 479 1992 Kennedy, J., concurring, citing Drope v Missouri , 420 U.S. 162, 171-172 95 SC 896, 43 LE2d 103 1975. See also Medina v. California , 505 U.S. 437 112 SC 2572, 120 L E2d 353 1992; Pate v. Robinson , 383 U.S. 375 86 SC 836, 15 L E2d 815 1966.
