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REINKE v. STATE

No. 03-10-00722-CR.

348 S.W.3d 373 (2011)

Brad William REINKE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Granted October 19, 2011.

Attorney(s) appearing for the Case

Blake Williams , Assistant District Attorney, Rosemary Lehmberg , District Attorney, Austin, TX, for appellee.

Alexandra M. Gauthier , The Law Office of Alexandra M. Gauthier, Austin, TX, for appellant.

Before Justices PURYEAR, PEMBERTON and ROSE.

OPINION

JEFF ROSE, Justice.

Appellant Brad William Reinke's application for writ of habeas corpus raises an issue of first impression involving recent statutory amendments governing the long-term commitment of defendants who are found incompetent to stand trial. Specifically, the 2005 Legislature's article 46B.009(b)—now 46B.0095(a)—prohibits a defendant who is found incompetent to stand trial from being committed by the State to a mental...

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