People v. McGoldrick

215 N.W.2d 711, 51 Mich. App. 578, 1974 Mich. App. LEXIS 947

Opinions

R. B. Burns, P. J.

This case was originally assigned to Judge O’Hara for writing. He has written his opinion, setting forth the facts and issues. We agree with Judge O’Hara and approve his opinion except for the conclusion that the trial judge could correct his failure to conduct a competency examination by merely stating that he had observed the defendant and found him competent.

People v Chase, 38 Mich App 417; 196 NW2d 824 (1972), mandates a hearing by the trial judge to determine the defendant’s competency to stand trial upon his return from the Center for Forensic Psychiatry.

People v Lucas, 47 Mich App 385; 209 NW2d 436 (1973), held that the trial court’s failure to conduct such a hearing could be corrected subsequent to the trial.

Therefore, the case is remanded to the trial court for the purpose of conducting a competency hearing. If the defendant is found to have been competent to stand trial at the time of the trial, his conviction is affirmed. '

Danhof, J., concurred.