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SMITH v. STATE

No. 04-99-00509-CR.

18 S.W.3d 770 (2000)

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

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 21, 2000.

Attorney(s) appearing for the Case

Norman Whitlow, Law Office of Norman T. Whitlow, Kerrville, for appellant.

Ronald L. Sutton, Dist. Atty., Junction, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.

OPINION

Opinion by: SARAH B. DUNCAN, Justice.

On February 25, 2000, the State filed a motion to correct the facts in this court's original opinion. We grant the motion, withdraw the opinion issued on February 16, 2000, and substitute the following opinion in its stead.

Rufus W. Smith appeals the trial court's judgment finding him mentally incompetent to stand trial. We hold the trial court erred in failing...

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