Test and Dot Counting Test) on which he obtained scores indicating he was not feigning memory impairment or exhibiting motivational difficulties, which lends to the validity of the testing results and information disclosed during the clinical interview. There does not appear to be a cause for concern for Mr. Moreno’s learning or memory abilities at this time. Mr. Moreno was administered the WTAR. Mr. Moreno’s cognitive outcomes were stable and average in performance. The estimate of Mr. Moreno’s premorbid Full-Scale IQ was 84 plus or minus 15 points or likely falling in the Low Average Range in the 14-percentile range. Mr. Moreno’s scores on the Personality Assessment Screener (PAS) suggest a marked risk for clinical problems in areas
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Moreno’s current competency to stand trial. The New Mexico Criteria for Determining Competence states: (1) The client must have a factual understanding of the charges and legal proceedings, (2) The client must also have a rational understanding of the charges and legal proceedings, and (3) The client must have the ability to assist his or her attorney [State v. Rotherham, 122 N.M. 246, 252; 923 P.2d 1131, 1137 (1996)]. It was found that Mr. Moreno’s past mental health issues and interactions with the legal system do not preclude his ability to proceed with adjudication. Although Mr. Moreno presents with some neurocognitive weaknesses, which may be the result of his chronic mental illness and long-term alcohol and marijuana dependence, he does not present with global impairments that would render him incompetent to stand trial. Mr. Moreno presented with both rational and factual understanding of his charges and legal proceedings and recognized their severity along with potential consequences he faced. His depth of understanding was made evident by his ability to articulate his knowledge of evidence the prosecution has against him, by stating; “they have a bag they found, claiming it’s mine, that’s their evidence”. Not only is Mr. Moreno able to articulate a deeper understanding of the legal procedures ahead, but also possesses the legal vocabulary needed to convey these thoughts with ease. Mr. Moreno understands the
Moreno’s current competency to stand trial. The New Mexico Criteria for Determining Competence states: (1) The client must have a factual understanding of the charges and legal proceedings, (2) The client must also have a rational understanding of the charges and legal proceedings, and (3) The client must have the ability to assist his or her attorney [State v. Rotherham, 122 N.M. 246, 252; 923 P.2d 1131, 1137 (1996)]. It was found that Mr. Moreno’s past mental health issues and interactions with the legal system do not preclude his ability to proceed with adjudication. Although Mr. Moreno presents with some neurocognitive weaknesses, which may be the result of his chronic mental illness and long-term alcohol and marijuana dependence, he does not present with global impairments that would render him incompetent to stand trial. Mr. Moreno presented with both rational and factual understanding of his charges and legal proceedings and recognized their severity along with potential consequences he faced. His depth of understanding was made evident by his ability to articulate his knowledge of evidence the prosecution has against him, by stating; “they have a bag they found, claiming it’s mine, that’s their evidence”. Not only is Mr. Moreno able to articulate a deeper understanding of the legal procedures ahead, but also possesses the legal vocabulary needed to convey these thoughts with ease. Mr. Moreno understands the