Durgan, Nakeesha

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1069-06 NAKEESHA DURGAN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

ANGELINA COUNTY

Keller, P.J., filed a concurring opinion.

I continue to adhere to my position in Hogans v. State that the appealability of a matter under the deferred adjudication statute depends entirely upon the relief sought. ⁽¹⁾ To the extent appellant's "competency to stand trial" claim challenges the trial court's ability to determine his punishment, the claim is appealable.

Filed: November 7, 2007

Publish

1. 176 S.W.3d 829, 837-41 (Tex. Crim. App. 2005)(Keller, P.J., dissenting).