Appellant Raymond Hughes filed a petition for habeas corpus challenging his conviction of seven counts of aggravated assault and two counts of interfering with government property after he entered pleas of guilty but mentally ill. In his only enumeration of error, he contended that the trial court lacked jurisdiction to accept his guilty pleas while the issue of his competency to stand trial was pending before a special jury. Because we find that the trial court determined that Hughes was competent to stand trial and freely and voluntarily entered his pleas of guilty but mentally ill, we affirm the habeas court’s denial of Hughes’ petition. Hughes was charged in a fourteen count indictment with numerous crimes following a stand-off with police. Hughes, who has a history of substance abuse and depression, moved for and was granted an independent psychiatric examination pursuant to OCGA § 17-7-130. A special jury was impaneled to decide the issue of Hughes’ competency to stand trial. After a full trial during which both parties presented evidence, including the reports of two psychiatric experts, and while the jury was still deliberating, Hughes informed the court he had reached an agreement with the State in which he would plead “guilty but mentally ill” to nine of the fourteen counts. Hughes was then placed under oath and thoroughly questioned concerning the pleas. Finding that Hughes’ pleas were knowingly and voluntarily entered, the trial court accepted the pleas. Hughes subsequently filed a petition for habeas corpus arguing that the trial court lacked jurisdiction to accept his guilty pleas before the matter of his competency was resolved. After conducting an evidentiary hearing, the habeas court denied relief and we granted Hughes’ certificate of probable cause to appeal.
Under Georgia law, when a defendant files a plea of mental incompetency to stand trial “it shall be the duty of the court to cause the issue of the defendant’s mental competency to stand trial to be tried first by a special jury.” OCGA § 17-7-130 a. A hearing on the issue of a defendant’s mental competency may, by agreement of the parties, be conducted before a judge sitting without a jury. Campbell v. State , 240 Ga. 352 3 240 SE2d 828 1977. Such a hearing ” ‘secures to a person charged with a crime the right to have the question of his mental condition at the time of trial inquired into before being required to plead to the indictment. Cits.’ ” Martin v. State , 147 Ga. App. 173 2 248 SE2d 235 1978.
