Alice Bradford v. State

CourtCourt of Appeals of Texas
DecidedJune 23, 2005
Docket02-04-00414-CR
StatusPublished

This text of Alice Bradford v. State (Alice Bradford v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alice Bradford v. State, (Tex. Ct. App. 2005).

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

 

NO. 2-04-414-CR

 
 

ALICE BRADFORD                                                                 APPELLANT

 

V.

 

THE STATE OF TEXAS                                                                  STATE

 
 

------------

 

FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

   

OPINION AND ABATEMENT ORDER

   

I. Introduction

        The sole issue presented in this appeal by Appellant Alice Bradford is whether the trial court erred by proceeding with an adjudication of her guilt without making a judicial determination that she had regained competency to stand trial since the entry of a judgment finding her incompetent. Because the law requires a judicial determination that a defendant who has been adjudged incompetent and has been criminally committed has regained competency before criminal proceedings—including a proceeding to adjudicate guilt—may be resumed, we abate this appeal and remand this cause to the trial court to make a judicial determination regarding Bradford’s competency at the time of the adjudication hearing.

II. Factual and Procedural Background

        Bradford was indicted on August 7, 2001 for aggravated assault with a deadly weapon. The trial court entered a judgment of mental incompetency after a jury determined that Bradford was incompetent to stand trial and that there was no substantial probability that she would attain competency in the foreseeable future. The trial court ordered Bradford committed to the North Texas State Hospital-Vernon Campus for a period of not more than eighteen months for further examination and treatment “toward the objective of attaining competency to stand trial.” On June 7, 2002, the Competency Program Psychiatrist for the North Texas State Hospital-Vernon Campus, Dr. Thomas D. Wiman, signed a report addressed to the trial court judge concluding that Bradford was competent to stand trial. On June 26, 2002, the trial court entered an order adjudging Bradford competent to stand trial and, upon her plea of guilty, sentenced her to six years’ deferred adjudication community supervision.

        In April 2003, the State filed a petition to proceed to an adjudication of Bradford’s guilt. Bradford’s court-appointed attorney filed a motion for a competency examination, which the trial court granted. On June 2, 2003, another jury found Bradford “presently incompetent to stand trial” and found that Bradford was not likely to attain the competency to stand trial in the foreseeable future. On June 3, 2003, the trial court signed a second judgment of mental incompetency and again committed Bradford to the North Texas State Hospital-Vernon Campus for a period of not more than eighteen months for further examination and treatment “toward the objective of attaining competency to stand trial.”

        On August 18, 2003, Dr. Wiman signed a report addressed to the trial court concluding that Bradford was incompetent to stand trial and that there was no substantial probability that she would become competent in the foreseeable future. The report stated that Bradford was “being returned for civil commitment under the provisions of Section 6 Extended, Article 46.02 of the Code of Criminal Procedure.” Bradford was then returned to the Tarrant County Jail. Dr. Wiman also enclosed his final evaluation and the certificate of examination for mental illness.

        Over the next ten months, Bradford’s counsel filed several motions for competency examinations—all of which were granted by the trial court—because he could not intelligently discuss the adjudication and revocation process with Bradford. Dr. Ross J. Tatum, a psychiatrist, examined Bradford on two occasions and in a report dated September 24, 2003 opined that Bradford was competent to stand trial. On October 13, 2003 and on April 28, 2004, counsel for Bradford filed two more motions for competency examinations, explaining that Bradford “wants [her] attorney to marry her and buy her a pizza” and that she continued to experience a “slow digression” since her return to the Tarrant County Jail. Dr. Barry Norman examined Bradford twice and, in a report dated May 10, 2004, concluded that Bradford was incompetent to stand trial but that there was a substantial probability that she would attain competence to stand trial in the foreseeable future.

        On June 3 and June 4, 2004, Bradford’s counsel filed two more motions for competency examinations explaining, “attorney cannot intelligently discuss revocation with defendant, see previous evaluations, attached.” In response to these motions, the trial court appointed Dr. Ann Turberville and Dr. Lisa Clayton to examine Bradford. Dr. Turberville, in a report dated June 8, 2004, concluded that Bradford was competent to stand trial. No report from Dr. Clayton is contained in the record.

        On June 28, 2004, the trial court again appointed Dr. Tatum to examine Bradford. Dr. Tatum, in a report dated July 1, 2004, concluded that Bradford was competent to stand trial.

        On July 28, 2004, the trial court held a hearing on the State’s petition to adjudicate Bradford’s guilt, adjudicated her guilty, and sentenced her to five years’ confinement in the Texas Department of Criminal Justice. In a single issue on appeal, Bradford contends that the trial court was required to make a judicial determination that she had regained competency at the time of the July 28, 2004 hearing on the State’s petition to adjudicate and that in the absence of such a determination she could not be adjudicated guilty. We agree.

III. Competency To Stand Trial

        A. Appellate Court Jurisdiction

        The State argues that we lack jurisdiction to address Bradford’s issue. Specifically, the State contends that the issue of a defendant’s competency at the time of adjudication proceedings is not appealable under Texas Code of Criminal Procedure article 42.12, section 5(b). Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004-05) (stating that a defendant may not appeal a trial court's decision to proceed to an adjudication of guilt). The State cites several cases in support of its position: Bearden v. State, 147 S.W.3d 661, 662 (Tex. App.—Amarillo 2004, no pet.); Davis v. State, 141 S.W.3d 694, 696 (Tex. App.—Texarkana 2004, pet. ref’d); and Arista v. State, 2 S.W.3d 444, 445-46 (Tex. App.—San Antonio 1999, no pet.).

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Alice Bradford v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alice-bradford-v-state-texapp-2005.