The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from May 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of Oct. 1, 2023. PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Enhancement of defendant’s sentence using out-of-state conviction was legal. Smith v. State, No. 03-21-00368-CR (Tex. App.—Austin May

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from April 2023.  The summaries are overviews; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2023. EVIDENTIARY SUFFICIENCY – DRUG POSSESSION: Evidence was sufficient to prove that defendant possessed methamphetamine. Sumrall v. State, No. 03-21-00402-CR (Tex. App.—Austin Apr. 6,

Competency to stand trial – Trial court did not err by failing to sua sponte convene an informal inquiry into whether defendant was competent to stand trial. Vaughan v. State, No. 03-22-00038-CR (Tex. App.—Austin Mar. 30, 2023, no pet.) (mem. op., not designated for publication). Vaughan spit on a detention officer while in jail and was charged with the offense

The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from January 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of May 31, 2023. SEARCH AND SEIZURE – NATURE OF POLICE ENCOUNTER: Trial court did not abuse its discretion in denying DWI defendant’s motion to suppress