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STATE v. SILVA

No. 1 CA-CR 07-0591.

216 P.3d 1203 (2009)

STATE of Arizona, Appellee, v. Santos Alberto SILVA, Jr., Appellant.

Court of Appeals of Arizona, Division 1, Department E.

September 22, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section and Craig W. Soland, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Edith M. Lucero, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

PORTLEY, Judge.

¶ 1 We are asked to decide whether the superior court had authority to decide that Santos Alberto Silva, Jr. ("Silva") was competent to be tried for first degree murder even though he was found incompetent three separate times and the cumulative time he spent in a restoration program exceeded twenty-one months. We find no error.

PROCEDURAL BACKGROUND

¶ 2 Silva was indicted on December 22, 1999, for first...

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