Section 15.6 Accused’s Capacity to Understand Proceeding and Assist in the Defense

• Library: Criminal Practice 2012 Supp

1. (§15.6) Accused’s Capacity to Understand Proceeding and Assist in the Defense

Section 552.020.1, RSMo 2000, provides that: “No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures.”

Probation revocation proceedings are within the meaning of “sentenced” in § 552.020.1, and the probationer must have the mental fitness to proceed. A probation revocation hearing could not proceed as long as the probationer suffered from chronic amnestic disorder. State ex rel. Juergens v. Cundiff,939 S.W.2d 381...