Alice Bradford v. State ( 2005 )

    COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-414-CR

ALICE BRADFORD                                                                 APPELLANT

V.

THE STATE OF TEXAS                                                                  STATE

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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹

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        The trial court, on July 28, 2004, adjudicated Appellant Alice Bradford guilty of aggravated assault with a deadly weapon.  In a single issue on appeal to this court, Bradford argued that the trial court erred by proceeding with an adjudication of her guilt without making a judicial determination that she had regained competency to stand trial since the entry of a prior judgment finding her incompetent.  We sustained Bradford’s issue, abated her appeal, and remanded the cause to the trial court to make a judicial determination regarding her competency at the time of the adjudication hearing.  See Schaffer v. State, 583 S.W.2d 627, 631 (Tex. Crim. App. [Panel Op.] 1979). Pursuant to our opinion and abatement order, the trial court held a hearing and proceeded to make a judicial determination that Bradford was competent at the time of the July 28, 2004 adjudication hearing.  Bradford’s appeal was reinstated upon our receipt of the reporter’s record from the trial court hearing. In light of the trial court’s judicial determination that Bradford was competent on July 28, 2004, the trial court did not err by proceeding with an adjudication of Bradford’s guilt.  Accordingly, we affirm the trial court’s judgment.

                                                          SUE WALKER

                                                          JUSTICE

PANEL B:   LIVINGSTON, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: August 11, 2005

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NOTES

1. See Tex. R. App. P. 47.4.