State v. George K.

Petitioner was indicted on two counts of third degree sexual assault and two counts of sexual abuse by a custodian. The circuit court subsequently found that Petitioner was not competent to stand trial and was not likely to gain competency. As a result, Petitioner argued that the court should dismiss the charges against him. The circuit court disagreed, finding that the felonies of which Petitioner was charged involved acts of violence against a person. Therefore, the court found that it would maintain jurisdiction over Petitioner for fifty years and ordered Petitioner committed to a mental health facility. The Supreme Court affirmed, holding that the circuit court did not err by finding that the crimes with which Petitioner was charged involved an act of violence and therefore proceeding pursuant to W. Va. Code 27-6A-3(h). View "State v. George K." on Justia Law