concurring in part, and dissenting in part.
I agree that a defendant's competency must be determined from the totality of the cireumstances, and I further agree that factors such as those suggested in Wilson v. United States, 391 F.2d 460 (D.0.Cir.1968), should not rigidly dictate the trial court's competency . determination. However, I would hold that these factors and factors articulated by courts following and expanding on Wilson provide guidance for the trial court's competency analysis. Because the trial court did not engage in a fact-finding inquiry to determine whether the defendant's amnesia would impair his ability to assist in his own defense such that he would be incompetent to stand trial, I would affirm the court of appeals and remand this case to the trial court for the entry of appropriate factual findings on this issue and direct the trial court to use the Wilson factors as guidance in reaching their competency determination.
I.
The competency evaluation performed by «Dr. Ouligian, as the majority states, reported that the defendant could recall some early memories of his life, but was unable to remember any of the more recent events leading to his arrest in this case. See maj. op. at 865. Additionally, the report stated the defendant had been diagnosed as having "cognitive impairment primarily consisting of poor attention, but also marked judgment and abstraction deficits are noted in addition to concerns about his memory." The evaluation noted that the defendant "thought it was winter, when it was really spring. However, there was snow on the ground the day of the interview." At the time of the evaluation, Mr. Palmer could remember three words immediately, but could not remember any of them after five minutes. Additionally, Dr. Quligian reported that the defendant only scored 24 out of 30 on a Mini-Mental Status exam, meaning that the defendant had moderate cognitive difficulties. Dr. Ouligian also quoted the defendant as saying he could help his attorney defend him by "telling him what happened." Based on these facts the doctor gave his opinion that the defendant is competent to proceed with trial because "he would be able to assist his lawyer."
The trial court did not make specific factual findings as to the defendant's competency. Rather, the trial court merely found that Dr. OQuligian, who evaluated the defendant "determined [the defendant] was competent and within the meaning of competency it certainly fits the court's understanding." The court denied the motion for a further competency examination, reasoning that, contrary to the defendant's argument, inability to recall who would be helpful witnesses does not make the defendant incompetent to proceed.
IL.
The majority states that "[wJhile the factors articulated by [Wilson and other courts] may bear on whether an amnesiac defendant is incapable of understanding the proceedings against him or of assisting in his defense, we decline to adopt a rigid analysis of competency based on any particular list of factors." Maj. op. at 869. I agree that it is unnecessary for this court to establish a rigid set of factors upon which a court determines a defendant's competency. See United States v. Chisolm, 149 F. 284, 286 (C.C.S.D.Ala.1906) ("Finite man ... gropes but darkly into the conditions of the human mind, and it is impossible for any court to lay down any fixed rule, as a matter of law, as to any particular state of facts which will unerringly demonstrate sanity, or ... the degree of aberration which, when found to exist ... unfits [an accused person] to rationally aid in his defense when arraigned for crime.").
When a trial court makes its competency determination, however, the factors set forth in Wilson and by subsequent courts modifying and following the Wilson approach should guide the trial court in determining whether, under the totality of the cireum-*873stances, the defendant's amnesia renders him unable to assist counsel in his defense. As quoted in footnote seven of the majority opinion on page 868, the factors suggested in Wilson lead a trial court to consider the extent to which amnesia affects a defendant's ability to consult with his counsel, to testify on his own behalf, and to establish defenses. Included in this consideration will be whether the defendant can extrinsically reconstruct evidence in the case to determine the facts of the crime in question, and the strength of the prosecution's case against the defendant. See Wilson, 391 F.2d at 468-64. All of these considerations contribute to an understanding of whether a defendant will be prejudiced by his impairment such that he will be unable to assist his attorney in his defense.
Other cases that embrace the Wilson factors additionally suggest that a court should determine if a continuance may abate the effect of the amnesia, whether the amnesia is real or feigned, whether the crime and the defendant's whereabouts can be reconstructed without his testimony, and whether access to government files will help the defendant prepare his defense. United States v. Swanson, 572 F.2d 523, 526-27 (5th Cir.1978); see also United States v. Villegas, 899 F.2d 1324, 1341 (2d Cir.1989); United States v. Rinchack, 820 F.2d 1557, 1569 (11th Cir.1987); United States v. Stubblefield, 325 F.Supp. 485, 486 (E.D.Tenn.1971). These factors also provide substantial guidance to a trial court in determining under what cireumstances a defendant's ammesia would render him unable to assist his counsel in his defense.
The majority holds that "a trial court should engage in a fact-specific inquiry which encompasses a review of the totality of the cirenumstances of a particular case." Maj. op. at 870. I agree.
In this case, the trial court did not conduct such a factspecific inquiry, but cursorily adopted Dr. Ouligian's findings as determinative of the defendant's ability to stand trial. In particular, the trial court failed to address many of the Wilson factors in its competency inquiry. For instance, the trial court did not address the strength of the prosecution's case in determining whether the defendant's amnesia would prejudice his ability to defend himself. See People v. Palmer, 9 P.8d 1156, 1160 (Colo.App.2000) (concluding that the evidence against the defendant was not overwhelming because there was some evidence that persons other than the defendant had driven the truck, and that the drugs were found in an unlocked container in an unenclosed area of the truck). Nor did the trial court address whether the defendant's impairment was real or feigned or whether a continuance in this trial might abate the effects of the defendant's amnesia, even though the defendant was diagnosed as having impaired cognitive judgment and as having problems with memory.
The trial court also failed to assess defense counsel's argument that he was unable to reconstruct the facts of the crime, and therefore a defense, as a result of the defendant's impairment. The trial court concluded that the defendant's inability to recall who would be a helpful witness does not constitute sufficient incompetence to proceed. I note that further inquiry is necessary to determine if other effects of the defendant's amnesia prejudice him in his ability to construct a defense. The majority holds, and I agree, that "a trial court need not, in all cases, make post-conviction findings of competency." Maj. op. at 870. However, in this case, where the pre-conviction competency hearing was inadequate, a post-conviction hearing is necessary.
Instead of remanding this case to the trial court to conduct the fact-specific inquiry nee-essary to make a competency determination, the majority conducts its own fact-specific inquiry to determine whether the defendant's amnesia prejudiced his ability to assist in his own defense. It is the trial court, not the appellate court who should conduct this factual inquiry. Linley v. Hanson, 178 Colo. 239, 242, 477 P.2d 458, 454 (1970) ("The trial court and not an appellate court is the trier of fact."); see also Swanson, 572 F.2d at 526 ("Because nonpathological amnesia may be difficult to ascertain, the district judge is in the best position to make a determination between allowing amnesia to become an unjustified haven for a defendant and, on the other hand, requiring an incompetent person to stand trial."). For example, the majority states that "the Defendant had an opportunity to discuss the charges and to provide *874information concerning the crime to his attorney prior to his injury." Maj. op. at 870. Whether the defendant in fact discussed the case with his attorney prior to his head injury is precisely the kind of fact-specific ingqui-ry appropriate for a trial court's determination.
Thus, because I would hold that the trial court failed to make sufficient findings of fact to determine the defendant's competency to stand trial, and because this fact-specific inquiry should be made by a trial court and not an appellate court, I would remand this case to the court of appeals with instructions to return this case to the trial court to conduct a fact-specific inquiry, using the Wilson factors as guidance, to determine the defendant's competency.
I am authorized to state that Justice MARTINEZ joins in this concurrence and dissent.