Fred Gerard VanBeek a/k/a Fred VanBeck v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-04-00846-CR

Fred VAN BECK a/k/a Fred Gerard VANBEEK,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-CR-3882

Honorable Juanita Vasquez-Gardner, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: December 21, 2005

AFFIRMED

Fred Gerard VanBeek argues the trial court violated his constitutional right to due process and abused its discretion by failing to conduct a competency inquiry. However, [t]he naked assertion, I am incompetent, unsupported by any facts or evidence, is not sufficient, by itself, to require either a competency inquiry ... or a ... competency hearing .... McDaniel v. State, 98 S.W.3d 704, 711 (Tex. Crim. App. 2003). Accordingly, VanBeek s motion, which fails to specifically assert his incompetence or to link his illness to a present inability to communicate with his attorney or understand the proceedings did not mandate a competency inquiry. See Tex. Code Crim. Proc. Ann. art. 46B.003 (Vernon Supp. 2005).We therefore affirm the trial court s judgment.

Sarah B. Duncan, Justice

Do not publish