THORNHILL v. STATE

No. 2-95-061-CR.

910 S.W.2d 653 (1995)

William Anthony THORNHILL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

November 22, 1995.


Attorney(s) appearing for the Case

Rosendo Rodriguez, Jr., Wichita Falls, for Appellant.

Tim Cole, District Attorney, Montague, for Appellee.

Before LIVINGSTON, BRIGHAM and HOLMAN, JJ.


OPINION

BRIGHAM, Justice.

In this case of first impression, we are called upon to determine whether a defendant is entitled to a jury trial on competency in a probation revocation proceeding as a matter of right where that probationer has previously been adjudicated competent. We find that under these facts, the probationer is entitled to a jury trial. We reverse the judgment of the trial court.

BACKGROUND

An Archer County, Texas jury indicted...

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