Wyatt Ellis Busby v. The State of Texas Appeal from 184th District Court of Harris County (concurring memorandum opinion)

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Affirmed and Memorandum Opinion and Memorandum Concurring Opinion filed December 12, 2023. In The Fourteenth Court of Appeals NO. 14-22-00052-CR WYATT ELLIS BUSBY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1535843 MEMORANDUM CONCURRING OPINION I concur in the judgment and join the opinion. I write separately only to point out that the trial court did not follow the procedure set out in the Code of Criminal Procedure regarding incompetency to stand trial. Tex. Code Crim. Proc. Ann. art. 46B.005. While that is error, such complaint was not preserved for appellate review See Tex. R. App. P. 33.1(a)(1); Trotti v. State, No. 14-21-00536-CR, 2023 WL 5208815, at *8–9 (Tex. App.—Houston [14th Dist.] Aug. 15, 2023, pet. filed) (Spain, J., dissenting) (discussing competency determinations and structural error). /s/ Charles A. Spain Justice Panel consists of Chief Justice Christopher and Justices Spain and Hassan (Christopher, C.J., majority). Do Not Publish — Tex. R. App. P. 47.2(b). 2

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