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Court of Criminal Appeals of Texas


Durgan v. State of Texas, 1069-06

In an appeal arising from defendant's sentence after she was found to have violated the terms and conditions of her community supervision, a court of appeals decision finding it lacked jurisdiction to review the merits of a competence claim is reversed where Article 42.12 section 5(b) does not bar review of an assertion that a defendant was not competent at the time of an adjudication hearing.

Appellate Information

  • Decided 11/07/2007
  • Published 11/07/2007

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • Albert J. Charanza Jr., Lufkin, for Appellant., Dale Summa, Assistant District Atty., Lufkin, Matthew Paul, State's Atty., Austin, for State.

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