Alice Bradford v. The State of Texas--Appeal from 396th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-414-CR

ALICE BRADFORD APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION1

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The trial court, on July 28, 2004, adjudicated Appellant Alice Bradford guilty of aggravated assault with a deadly weapon. In a single issue on appeal to this court, Bradford argued that the trial court erred by proceeding with an adjudication of her guilt without making a judicial determination that she had regained competency to stand trial since the entry of a prior judgment finding her incompetent. We sustained Bradford s issue, abated her appeal, and remanded the cause to the trial court to make a judicial determination regarding her competency at the time of the adjudication hearing. See Schaffer v. State, 583 S.W.2d 627, 631 (Tex. Crim. App. [Panel Op.] 1979). Pursuant to our opinion and abatement order, the trial court held a hearing and proceeded to make a judicial determination that Bradford was competent at the time of the July 28, 2004 adjudication hearing. Bradford s appeal was reinstated upon our receipt of the reporter s record from the trial court hearing. In light of the trial court s judicial determination that Bradford was competent on July 28, 2004, the trial court did not err by proceeding with an adjudication of Bradford s guilt. Accordingly, we affirm the trial court s judgment.

SUE WALKER

JUSTICE

PANEL B: LIVINGSTON, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: August 11, 2005

NOTES

1. See Tex. R. App. P. 47.4.