Opinion
3 Div. 694.
October 26, 1982. Rehearing Denied November 9, 1982.
Charles A. Graddick, Atty. Gen., and Ellen Brooks and George Hardesty, Asst. Attys. Gen., for petitioner.
David B. Byrne, Jr. of Robison Belser, Montgomery, for respondent.
PETITION FOR WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, FOR WRIT OF PROHIBITION
This matter comes on to be heard on a petition for a writ of mandamus, or in the alternative, for a writ of prohibition by Hon. James H. Evans, District Attorney of the Fifteenth Judicial Circuit, directed to Hon. Perry O. Hooper, Circuit Judge, Fifteenth Judicial Circuit.
Under the facts as presented to this Court, the respondent is not held in confinement, being out on bond. Therefore, the Circuit Judge was without authority to order a jury determination of the respondent's competency to stand trial. Billups v. State, 338 So.2d 478, (Ala.App. 1976); Hawes v. State, 48 Ala. App. 565, 266 So.2d 652 (1972); Ala. Code, § 15-16-21 (1975).
Petition for mandamus granted.
TYSON, DeCARLO, BOWEN and BARRON, JJ., concur.