(DOWNLOAD) "Herbert Thompson v. State Texas" by Third District, Austin Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Herbert Thompson v. State Texas
- Author : Third District, Austin Court of Appeals of Texas
- Release Date : January 18, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In his first ground of error appellant contends the trial court erred in failing to conduct a hearing to determine his competency to stand trial. After appellant filed his original appellate brief in the instant cause, No. 76-CR-0730, the trial court entered an order supplementing the record with documents from Cause No. 76-CR-0101. The documents relate to a hearing held to determine appellants competency to stand trial in that cause. That competency hearing was conducted more than one year prior to the trial in the instant cause. The trial court also conducted a hearing to supplement the record with reference to the competency issue. This post-trial hearing was held, upon the courts motion, more than five months after appellant filed his original appellate brief. Evidence not previously before the court in this cause was adduced at the hearing. The trial court had no authority to conduct the post-trial hearing, nor to supplement the record with documents not properly admitted or filed during the trial of this cause. Accordingly, the records from Cause No. 76-CR-0101 and the transcript of the unauthorized hearing are not properly before us and will not be considered for any purpose. See Morales v. State, 587 S.W.2d 418 (Tex.Cr.App.) (this Court not bound to consider record from unauthorized hearing).