Waynetta Maria Jackson v. State
391 S.W.3d 139
| Tex. App. | 2012Background
- Jackson pled guilty to theft of property valued under $1,500 with two prior theft convictions; it was a state jail felony and she received 22 months’ confinement.
- Appellant argues the trial court failed to sua sponte conduct an informal competency inquiry.
- Court questioned Jackson prior to plea; defense counsel expressed no doubt about competency; judge found competency and voluntary plea.
- Relevant law requires competency to stand trial and to be sentenced; informal inquiry is triggered by any credible suggestion of incompetence.
- Appellate court sua sponte corrects judgment to reflect the proper statute of offense; affirms as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was an informal competency inquiry required at plea proceedings? | Jackson | Jackson | No abuse; adequate informal inquiry existed. |
| Was there error in not conducting a second informal competency inquiry at sentencing? | Jackson | Jackson | No abuse; no evidence of incompetence; prior inquiry sufficed. |
| Can the appellate court sua sponte reform a judgment to correct a misstatutory reference? | N/A | N/A | Court has authority to reform judgment sua sponte. |
| What is the correct statute of offense for Jackson’s conviction? | Indicates §31.03(f) applies | Indicates §31.03(e)(4)(D) applies due to prior theft convictions | Violation classified under §31.03(e)(4)(D); judgment modified accordingly. |
Key Cases Cited
- Drope v. Missouri, 420 U.S. 162 (1975) (due process protects mentally incompetent from conviction)
- Corley v. State, 582 S.W.2d 815 (Tex. Crim. App. 1979) (competency and plea validity concerns)
- Bouchillon v. Collins, 907 F.2d 589 (5th Cir. 1990) (incompetency cannot be waived by guilty plea)
- Pate v. Robinson, 383 U.S. 375 (1966) (cannot knowingly waive right if incompetent)
- Casey v. State, 924 S.W.2d 946 (Tex. Crim. App. 1996) (competence required for sentencing)
- Montoya v. State, 291 S.W.3d 420 (Tex. Crim. App. 2009) (standard for assessing need for informal competency inquiry)
- Gray v. State, 257 S.W.3d 825 (Tex. App.—Texarkana 2008) (informal inquiry sufficiency where defense counsel indicates no concerns)
- Rhoten v. State, 299 S.W.3d 349 (Tex. App.—Texarkana 2009) (authority to reform judgments sua sponte)
- Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (informal incompetency hearing standards)
- French v. State, 830 S.W.2d 607 (Tex. Crim. App. 1992) (statutory procedures for competency and inquiries)
- Lasiter v. State, 283 S.W.3d 909 (Tex. App.—Beaumont 2009) (definition of competency standards)