PORTSMOUTH, Va. — Prosecutors plan to challenge a finding that a Virginia teen convicted of trying to kill a police officer is now mentally incompetent to stand trial in an unrelated case.

Shaniqua Clark Nelson is senior assistant commonwealth's attorney. The Virginian-Pilot quotes her as saying Tuesday that 16-year-old Will Patterson Jr.'s public defenders didn't question his mental state before the trial. She says it's too late for the finding to impact his conviction. Patterson was convicted in April of crimes including attempted capital murder of a law enforcement officer.

Patterson was set to be sentenced Tuesday for the November shooting of Portsmouth Police Officer Angelina Baaklini. A judge pushed the sentencing to next month after a court-commissioned psychologist, Weare Zwemer, found him mentally incompetent in an unrelated robbery case.