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Durgan v. State

The trial court erred by failing to determine that "some evidence" existed of Durgan's incompetence; as a result the trial court erred in failing to order an examination of Durgan under article 46B.005 of the Code of Criminal Procedure. Beaumont Court of Appeals, No. 09-04-501 CR

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OPINION

This cause is before us on remand for consideration of the merits of Nakeesha Durgan’s incompetency claim. Durgan had contended that she was incompetent when the trial court revoked her deferred-adjudication community supervision and sentenced her to ten years’ imprisonment, and we dismissed her appeal for lack of jurisdiction. See Durgan v. State, 192 S.W.3d 884, 887 (Tex. App.-Beaumont 2006), rev’d, 240 S.W.3d 875 (Tex. Crim. App. 2007). Determining that we had jurisdiction to consider the issue, the Court of Criminal Appeals reversed and remanded. See Durgan v. State, 240 S.W.3d 875, 878 (Tex. Crim. App. 2007). Because we find that the trial court erred, we abate and remand this cause to the trial court for a determination of whether Durgan was incompetent at the time of her adjudication hearing.

I. BACKGROUND

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