In re Galaviz

*831 *494 INTRODUCTION

Twenty-two years ago, Nicandro Galaviz was committed to a state mental health institution for a term of 60 years to life after he was found not guilty by reason of insanity of possession of methamphetamine and assault with a deadly weapon. In July 2017, Galaviz filed a petition for a writ of habeas corpus in this court, challenging the commitment order.

Galaviz previously filed a petition for a writ of habeas corpus in the trial court. After holding an evidentiary hearing, the court referred to the hearing as something "akin to a retrospective competency hearing" and denied Galaviz's petition on the ground Galaviz failed to prove he was incompetent at the time of trial.

The petition for a writ of habeas corpus filed in this court is granted and the matter is remanded with directions. The trial court erred in 1996 by failing to hold a hearing to determine Galaviz's competence at the time of trial. Reports filed by mental health professionals in the months preceding trial raised serious doubt about Galaviz's competence to stand trial. This error constitutes reversible error unless it is feasible to conduct a retrospective competency hearing to now determine…