Luis Sanchez v. State

• Court: Court of Appeals of Texas
• Decided: November 8, 2012
• Docket: 11-12-00279-CR
• Status: Published

Opinion

Order filed November 8, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-12-00279-CR

                                       LUIS SANCHEZ, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 161st District Court

                                                             Ector County, Texas

                                                   Trial Court Cause No. B-37,135

                                                                     O R D E R

            Luis Sanchez, joined by the State, has filed a joint motion to abate this appeal.  They assert that “serious concerns” have arisen concerning appellant’s competency to stand trial.  They also allege that the trial court has ordered that appellant be examined as provided by the Texas Code of Criminal Procedure regarding his competency.  They ask this court to abate the appeal pending the trial court’s determination of appellant’s competency to stand trial.  The joint motion seeking abatement is granted.

            We abate this appeal for a period of up to ninety days from the date of this order and remand the cause to the trial court to conduct an inquiry as to whether appellant was competent at the time of trial and, if necessary, to empanel a jury to make this determination.  See Barber v. State, 737 S.W.2d 824, 828–29 (Tex. Crim. App. 1987).  The trial court is directed to forward its determination to this court via a supplemental clerk’s record immediately, and this appeal will be automatically reinstated upon receipt of the supplemental clerk’s record.  All pending deadlines in this appeal shall be suspended during the period of abatement pursuant to Tex. R. App. P. 2.

                                                                                                PER CURIAM

November 8, 2012

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Gray, C.J., 10th Court of Appeals.^[1]

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                [1]Tom Gray, Chief Justice, Court of Appeals, 10th District of Texas at Waco, sitting by assignment to the 11th Court of Appeals.