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Johnson v. State

Court of Appeals of Texas, Second District, Fort Worth
Aug 10, 2006
Nos. 2-05-205-CR, 2-05-206-CR (Tex. App. Aug. 10, 2006)

Opinion

Nos. 2-05-205-CR, 2-05-206-CR

Delivered: August 10, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from Criminal District Court No. 2 of Tarrant County.

Panel F: CAYCE, C.J.; HOLMAN and GARDNER, JJ.


MEMORANDUM OPINION

See TEX. R. APP. P. 47.4.


Nicholas Deonte Johnson appeals from two convictions for aggravated assault with a deadly weapon. In three issues, appellant complains that (1) the trial court erred by trying him because he had been adjudicated incompetent; (2) appellant was denied his constitutional right to a speedy trial; and (3) the trial court abused its discretion by not appointing appellant different trial counsel. In our abatement order previously issued in this appeal, we resolved appellant's second and third issues against him but sustained the first issue, abated the appeal, and remanded the cause to the trial court for a judicial determination of whether appellant was competent at the time of his trial. The trial court held a hearing pursuant to our abatement order and determined that appellant was competent to stand trial at the time of his trial. Appellant's appeal was reinstated upon our receipt of the supplemental record from the trial court hearing. In light of the trial court's judicial determination that appellant was competent to stand trial at the time he was tried, we affirm the trial court's judgments.

Johnson v. State, Nos. 02-05-00205-CR, 02-05-00206-CR, 2006 WL ___, at *___ (Tex.App.-Fort Worth June 22, 2006, order) (not designated for publication).

See Bradford v. State, No. 02-04-00414-CR, 2005 WL 1926409, at *1 (Tex.App.-Fort Worth Aug. 11, 2005, no pet.) (affirming adjudication of appellant's guilt after trial court determined at post-conviction abatement hearing that appellant was competent at the time his guilt was adjudicated).


Summaries of

Johnson v. State

Court of Appeals of Texas, Second District, Fort Worth
Aug 10, 2006
Nos. 2-05-205-CR, 2-05-206-CR (Tex. App. Aug. 10, 2006)
Case details for

Johnson v. State

Case Details

Full title:NICHOLAS DEONTE JOHNSON, Appellant v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 10, 2006

Citations

Nos. 2-05-205-CR, 2-05-206-CR (Tex. App. Aug. 10, 2006)