Sims v. State

Willie Sims and Cornelius Pitts were indicted for aggravated sodomy. Sims entered a plea of incompetency to stand trial based on mental retardation. The issue of Sims’ mental competency was tried before a special jury, which found Sims competent to stand trial. Thereafter, Sims and Pitts were tried together. Sims, however, waived his right to a jury trial and was tried by the court, while Pitts proceeded with a jury trial. The jury found Pitts guilty, and the court found Sims guilty but mentally retarded. The court sentenced both Pitts and Sims to serve ten years in confinement. Sims appeals. 1. Sims claims the special jury’s finding that he is competent to stand trial is not supported by sufficient evidence. The claim is unfounded.

A competency trial is in the nature of a civil proceeding, and the defendant bears the burden of proving incompetency by a preponderance of the evidence.1 “A criminal defendant is competent to stand trial if he is capable of understanding the nature and object of the proceedings and is capable of assisting his attorney with his defense.”2 On appeal, the standard of review of a competency verdict is whether there is any evidence to support the verdict.3