Michael Duane Holt v. State
06-15-00006-CR
| Tex. App. | May 4, 2015Background
- Michael Duane Holt was indicted for aggravated sexual assault of a child.
- Defense counsel initially moved suggesting Holt was incompetent to stand trial; Dr. Thomas Allen evaluated him and the trial court found him incompetent and committed him to Rusk State Hospital.
- Subsequent evaluations (including by Gloria Bell, Ph.D., and a later evaluation by Dr. Allen) concluded Holt had regained competency and he was released/returned for proceedings.
- At the October 28, 2014 hearing the trial court inquired into competency, received testimony (including from Dr. Allen), accepted Holt’s open guilty plea, and imposed a 25-year sentence.
- The judgment contains an express finding that Holt was mentally competent to stand trial, entered his plea freely and voluntarily, and was aware of the consequences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by accepting Holt’s guilty plea after a prior adjudication of incompetency | Holt contends the court failed to make a proper contemporaneous determination that he had regained competency before accepting the plea | State argues the record shows re-evaluations finding competency, the court inquired and admonished Holt before accepting his plea, and the judgment expressly finds competency | The court should (per State) find no reversible error: the record and judgment support a determination Holt was competent when plea was accepted |
Key Cases Cited
- Cooper v. State, 333 S.W.3d 859 (Tex. App. Fort Worth 2010) (trial court must determine competency before accepting plea and record must show such determination)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (due process requires defendant be competent to plead guilty)
- Schaffer v. State, 583 S.W.2d 627 (Tex. Crim. App. 1979) (once adjudicated incompetent, defendant presumed incompetent until lawfully determined competent)
- Montoya v. State, 291 S.W.3d 420 (Tex. Crim. App. 2009) (competency determinations reviewed for abuse of discretion)
- Bradford v. State, 172 S.W.3d 1 (Tex. App. Fort Worth 2005) (record must contain evidence that court made determination that defendant had regained competency)