District Court, Ogden Department The Honorable Ernest W.
Jones No. 161901398
Cherise M. Bacalski and Emily Adams, Attorneys for Appellant
D. Reyes and Christopher D. Ballard, Attorneys for Appellee
Jill M. Pohlman authored this Opinion, in which Judges
Gregory K. Orme and Diana Hagen concurred.
Patrick Bobby Galindo Jr. appeals his conviction of attempted
murder. Galindo argues that his trial counsel provided
constitutionally ineffective assistance by stipulating to
Galindo's competency to stand trial and by failing to
talk to one of the psychologists evaluating that competency.
He also seeks remand under rule 23B of the Utah Rules of
Appellate Procedure for additional findings related to his
trial counsel's failure to talk to the psychologist. We
deny his motion to remand and affirm.
After Galindo shot a man four times, the State charged him
with attempted murder and possession of a firearm by a
restricted person. Before trial, Galindo's trial counsel
petitioned the district court to evaluate Galindo's
mental competency, requesting that the court order two
experts to examine Galindo. In support of the petition, trial
counsel stated, "In conversing with Mr. Galindo, in the
past several court hearings, Mr. Galindo does not appear to
be able to comprehend what is going on. Or make rational
decisions regarding this case." The court granted the
The court appointed two psychologists-Dr. Hawks and Dr.
Wilkinson-to examine Galindo. Both ultimately concluded that
Galindo was competent to stand trial. Dr. Hawks reported that
he was not able to speak with Galindo's trial counsel as
part of his evaluation.
After receiving the two psychologists' reports, the court
held a competency hearing. Galindo's trial counsel
stipulated to Galindo's competency in the following
The Court: . . . I have two reports, one from Dr. Wilkinson
and one from Dr. Hawks. I believe both of those indicate that
Mr. Galindo was competent to proceed; is that how you read
[Trial counsel]: That's the way I read it as well. I
didn't personally talk to . . . Dr. Hawks . . . and
confirm that as well.
The Court: Okay.
[Trial counsel]: So given that, I think we're willing to
stipulate to competen[cy] based ...