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SMITH v. STATE

No. 04-94-00790-CR.

912 S.W.2d 268 (1995)

Rufus W. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

August 30, 1995.

Attorney(s) appearing for the Case

S. Preston Douglass, Jr., Wallace, Mosty, Machann, Jackson & Williams, P.C., Kerrville, for appellant.

Ronald L. Sutton, District Attorney, Junction, for appellee.

Before RICKHOFF, LOPEZ and GREEN, JJ.

OPINION

GREEN, Justice.

Appellant, Rufus W. Smith, is under indictment for a murder allegedly committed in 1988. He filed notice of intent to use an insanity defense. Accordingly, in May 1988, the trial court conducted a competency hearing. The jury found Smith to be incompetent to stand trial and he was committed to the Vernon State Hospital for treatment.

Four times subsequent to his initial hospitalization, Smith has been declared competent by...

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