ABATED and Opinion Filed July 2, 2021
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00360-CR
DEMOND DEPREE BLUNTSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 49th District Court
Webb County, Texas
Trial Court Cause No. 2012CRO000674D1
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Smith1
Opinion by Justice Carlyle
A jury convicted Demond Depree Bluntson of two counts of capital murder
and two counts of aggravated assault against a public servant. The trial court
sentenced him to death for the capital-murder convictions, and the jury sentenced
him to fifty years’ confinement for the aggravated-assault convictions. The capital-
murder convictions went directly to the court of criminal appeals for review, even
though the four counts were tried to the same jury. See Callins v. State, 726 S.W.2d
1
The Honorable Justice Craig Smith succeeded the Honorable Justice John G. Browning, a member of
the original panel. Justice Smith has reviewed the briefs and the record before the Court.
555 (Tex. Crim. App. 1986); TEX. CODE CRIM. PROC. arts. 4.04, 37.071 § 2(h); TEX.
R. APP. P. 25.2(b).2
With one exception, Mr. Bluntson’s fifteen points of error overlap with issues
he asserted in his capital-murder appeal. In both appeals, Mr. Bluntson contends the
trial court violated his rights in determining he was competent to stand trial. The
court of criminal appeals, addressing Mr. Bluntson’s arguments, has held that the
trial court erred by failing to conduct a competency trial despite determining there
was some evidence of incompetency. See Bluntson v. State, No. AP-77,067, 2021
WL 2677462, at *6 (Tex. Crim. App. June 30, 2021) (not designated for
publication). The court abated Mr. Bluntson’s appeal and remanded the case to the
trial court to determine the feasibility of conducting a retrospective competency trial.
See id.
Given that Mr. Bluntson makes the same argument in this court, and for the
reasons the court of criminal appeals explained in its opinion, we abate this appeal
pending the trial court’s proceedings on remand from the court of criminal appeals.
As the court of criminal appeals ordered, see id., regardless of the trial court’s
determination on the feasibility of a retrospective competency trial, the record of the
proceedings on remand shall be filed in this Court within 180 days of the date of this
opinion for reinstatement of the appeal.
2
Mr. Bluntson did not timely appeal his aggravated-assault convictions, though the court of criminal
appeals granted him permission to note his out-of-time appeal in this Court.
–2–
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
180360f.u05
Do Not Publish
TEX. R. APP. P. 47.2(b)
–3–
Demond Depree Bluntson v. the State of Texas
Combined Opinion