AFFIRM; Opinion issued November 7, 2012
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No. 05-11-00811-CR
No. 05-1 1-00812-CR
LUZETTA JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 380-82283-09 & 380-82284-09
MEMORANDUM OPINION
Before Justices Morris, Francis, and Murphy
Opinion By Justice Francis
Luzetta Johnson waived a jury trial and entered an open plea of guilty to two counts of
aggravated assault with a deadly weapon. In each case, the trial court found appellant guilty, made
an affirmative finding she used or exhibited a deadly weapon. and assessed punishment at twelve
years in prison. In a single issue, appellant contends the trial court improperly tried her after she was
found incompetent. We affirnt
In August 2009, Kimberly Bennett was working at a Dollar Tree store when she heard raised
voices. She walked over to where appellant and Nancy Henderson were standing. When Bennett
asked if she could help, Henderson told her appellant had just stabbed her. Appellant then stabbed
Bennett who ran to the back to get help.
Police arrested appellant who was found incompetent and sent to the state hospital to be
treated for schizophrenia and hi—polar disorder. In a letter dated April 20, 2010. the Texas
Department of State Health Services sent the trial court a letter stating that, following observation
and treatment, appellant was competent to stand trial in these cases. Appellant then entered open
pleas of guilty.
In her sole issue. appellant contends the trial court improperly tried her after she had been
found incompetent. Appellant claims the trial court did not make a determination she was competent
as required by article 46B.084(a) of the code of criminal procedure.
When a defendant has been found incompetent to stand trial, she may be committed to a state
hospital for treatment. TEX. CODE CR1 M. PROC. ANN. art. 46B .071 (a)( 1). .073(b) (West Supp. 2011).
If the defendant later becomes competent to stand trial, the head of the fricility must send a report
to the committing court. Id. art. 46B.079(b). When the defendant returns to the trial court, the court
shall make a determination of the defendant’s competence to stand trial. Id. art. 46B.084(a). Unless
the State or defendant objects within fifteen days after the report is served, the court may make the
determination based on the medical report and any other medical or personal history information
relating to the defendant. Id. The records in these cases reflect that neither the State nor appellant
objected to the April 2010 report.
We agree with appellant the statute requires the trial court to make a judicial determination
of competency prior to resuming criminal proceedings. See Id art. 46B.084(d); Scha//r V. State.
583 S.W.2d 627, 630 (Tex. Crim. App. [Panel Op.j 1979). This determination, however, may be
evidenced by a recitation in a judgment, an order, a docket sheet entry, or any “other evidence that
the court ever made a determination of competency after the appellant’s return from the state
hospital.’ Sc/ui//er. 583 S.W.2d at 631 (op. on rehg). here, the records contain appellants open
plea agreements in which the trial court found appellant had a sufficient present ability to consult
with her attorney with a reasonable degree of rational understanding’ and had a rational as well
as factual understanding of the proceedings.” Furthermore, the judgments state it “appeared to the
Court that Defendant was mentally competent to stand trial.” Thus, the records reflect the trial court
made a judicial determination of competency. We overrule appellant’s sole issue.
We affirm the trial court’s judgments.
JUSTICE
I)o Not Publish
TEx. R. App. P. 47
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JUDGMENT
LUZETTA JOHN SON. Appellant Appeal from the 380th Judicial District
Court of Collin County. Texas. (Tr.Ct.No.
No. 05-I 1-00811-CR V. 380-82283-09).
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices Morris and Murphy participating.
Based on the Court’s opinion of this date. we AFFIRM the trial courts judgment.
Judgment entered November 7, 2012.
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MOLLY FR/AJCIS
JUSTICE
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JUDGMENT
LUZETTA JoHNSON, Appellant Appeal from the 380th Judicial District
Court of Collin County, Texas. (Tr.Ct.No.
No. 05-1 1-00812-CR V. 380-82283-09).
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices Morris and Murphy participating.
Based on the Court’s opinion of this date, we AFFIRM the trial court’s judgment.
Judgment entered November 7. 2012.
MOLLY IS
JUSTICE