Edwin Antonio Osorio-Lopez v. the State of Texas

Court of Appeals of Texas

Edwin Antonio Osorio-Lopez v. the State of Texas

Court of Appeals of Texas·Decided April 28, 2023·No. 06-18-00197-CR·Published

Opinion

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Edwin Antonio Osorio-Lopez, Appellant Appeal from the 115th District Court of Upshur County, Texas (Tr. Ct. No. 17914). No. 06-18-00197-CR v. Memorandum Opinion delivered by Chief Justice Stevens, Justice van Cleef and The State of Texas, Appellee Justice Rambin participating.

As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the trial court’s competency determination and remand for a new retrospective competency trial. The trial court is instructed to appoint counsel—who will not be a potential witness at that trial—to represent Osorio-Lopez at the retrospective competency trial. We further order that the appellee, the State of Texas, pay all costs of this appeal.

RENDERED APRIL 28, 2023 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

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Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Edwin Antonio Osorio-Lopez, Appellant Appeal from the 115th District Court of Upshur County, Texas (Tr. Ct. No. 17914). No. 06-18-00197-CR v. Memorandum Opinion delivered by Chief Justice Stevens, Justice van Cleef and The State of Texas, Appellee Justice Rambin participating.

As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the trial court’s competency determination and remand for a new retrospective competency trial. The trial court is instructed to appoint counsel—who will not be a potential witness at that trial—to represent Osorio-Lopez at the retrospective competency trial. We further order that the appellee, the State of Texas, pay all costs of this appeal.

RENDERED APRIL 28, 2023 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

Edwin Antonio Osorio-Lopez v. the State of Texas, (Tex. Ct. App. 2023).

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