Druery, Marcus

• Court: Court of Criminal Appeals of Texas
• Decided: July 27, 2012
• Docket: AP-76,833
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,833 MARCUS DRUERY, Appellant

v.

THE STATE OF TEXAS

ON REVIEW FROM THE DENIAL OF A MOTION TO DETERMINE EXECUTION COMPETENCY AND MOTION FOR STAY OF EXECUTION FROM CAUSE NO. 03-00001-CRF IN THE 85^TH DISTRICT COURT

BRAZOS COUNTY

Per Curiam. Meyers, J., dissents.

O R D E R

This is a review of the trial court's denial of appellant's motion to determine execution competency under Article 46.05. Appellant has also filed a motion to stay his execution.

In December 2003, a jury found appellant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set appellant's punishment at death. This Court affirmed appellant's conviction and sentence on direct appeal. Druery v. State, 225 S.W.3d 491 (Tex. Crim. App. 2007). Appellant is scheduled to be executed on August 1, 2012.

On July 11, 2012, appellant filed in the trial court his "Motion to Determine Execution Competency under Article 46.05." On July 24, the trial court issued an order in which it found that appellant had "not made a substantial showing of incompetency under Article 46.05."

This Court has determined that further review is necessary. Accordingly, appellant's execution is stayed pending further order from this Court.

IT IS SO ORDERED THIS THE 27^th DAY OF JULY, 2012.

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