Third Court of Appeals Criminal Update September 2023

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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 of harassment by a person in a correctional facility. Prior to trial, Vaughan’s appointed counsel filed a motion asking the trial court to order that Vaughan’s competency be evaluated. The trial court granted the motion and appointed two forensic psychologists to evaluate Vaughan’s competency to stand trial, both of whom concluded that Vaughan was competent to stand trial.

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