Incompetent person cannot be tried or adjudged to punishment for public offense.
1. A person may not be tried or adjudged to punishment for a public offense while he is incompetent.
2. For the purposes of this section, “incompetent” means that the person is not of sufficient mentality to be able to understand the nature of the criminal charges against him, and because of that insufficiency, is not able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter.
Last modified: February 25, 2006