State v. Penado
Annotate this CaseCesar Penado was charged with murder in the first degree, use of a weapon to commit a felony, and burglary. The district court found that Penado was not competent to stand trial and determined that there was not a substantial likelihood that he may become competent in the foreseeable future. The State appealed. After concluding that the competency order was not a final order for the purposes of Neb. Rev. Stat. 29-2315.05, the Supreme Court dismissed the appeal, holding that the Court lacked jurisdiction over the appeal because the State did not appeal from a final order as required by section 29-2315.01.
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