Troy Stacy Bearden v. State

NO. 07-03-0055-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
OCTOBER 15, 2004
______________________________
TROY STACY BEARDEN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE CRIMINAL DISTRICT COURT OF JEFFERSON COUNTY;
NO. 78,396; HON. CHARLES D. CARVER, PRESIDING
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
Troy Stacy Bearden (appellant) appeals from a judgment adjudicating his guilt for
the crime of aggravated sexual assault on a child. His sole issue involves whether the trial
court erred in failing to have him “examined for competence to stand trial” at the hearing
upon the State’s motion to adjudicate guilt and revoke his community supervision. We
dismiss for want of jurisdiction.
We have no jurisdiction over appeals involving the “determination by the [trial] court
of whether it proceeds with an adjudication of guilt on the original charge,” TEX . CODE CRIM .
PROC . ANN . art. 42.12, §5(b) (Vernon Supp. 2004-2005). Furthermore, such appeals
include those involving the appellant’s competency at the time of the adjudication hearing.
Sanders v. State, No. 07-00-0519-CR, 2001 LEXIS 6882 (Tex. App.–Amarillo October 11,
2001, no pet.) (not designated for publication); accord, Davis v. State, 141 S.W.3d 694, 697
(Tex. App.–Texarkana 2004, no pet. h.) (holding the same); Nava v. State, 110 S.W.3d
491, 493 (Tex. App.–Eastland 2003, no pet.) (holding the same). Thus, we have no choice
but to dismiss this appeal. Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992).
Accordingly, the appeal is dismissed for want of jurisdiction.
Brian Quinn
Justice
Publish.
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