Defendant Requests New Competency Hearing After Plea Deal in Serious Criminal Case2 min read

By Tracie Sullivan, For Iron County Today

A Cedar City man charged with serious crimes involving a minor is seeking a new competency evaluation, despite having already entered a plea deal in the case. 

The request, filed by his attorney, comes months after the defendant, Joab A. Rubio, was previously deemed competent to stand trial.

Rubio, 48, was arrested on Sept. 28, 2023, on multiple first and second-degree felony charges, including rape of a child, sodomy on a child and sexual abuse of a child, all first and second-degree felonies.  

Earlier this year, Rubio reached a plea agreement with the state where he pleaded guilty sodomy of a child, a first-degree felony. The other charges were dismissed as part of the deal. At that time he was set to proceed toward sentencing.

Following the plea deal, Rubio’s attorney requested a competency hearing, which later found him fit to face legal proceedings. He was scheduled to be sentenced Jan. 14, but is now asking for another competency evaluation. 

Iron County Prosecutor Chad Dotson said Rubio’s new attorney is reviewing the case. 

Court documents indicate that Rubio’s original charges stem from allegations involving a position of trust between him and the alleged victim. Given the nature of the case and out of respect for those involved, specific details of the allegations are not being disclosed. 

Investigators, however, cited substantial evidence in the affidavit to support the charges.

If the new attorney requests and receives approval for another competency evaluation, it could postpone further court proceedings, including sentencing.

Competency hearings are designed to assess whether a defendant can understand the charges against them and assist in their defense. Under Utah law, if a defendant is found incompetent, they may be referred to a treatment facility until they are deemed fit to proceed.