Does CCP 46B apply to a Motion to Revoke? I have found case law applying it to a Motion to Adjudicate. We filed a Motion to Revoke and the psychologist has found the defendant incompetent. If we do not proceed under 46B, any suggestions?
This was long ago posted, but look at Casey v. State, 924 S.W.2d 946 (Tex. Crim. App. 1996), as well as the court's reasoning in the non-published case, Carpenter v. State, 2000 Tex. App. LEXIS 2401
Thank you for the response. I spoke with Texas Tech Professor Brian Shannon who was on the commission that wrote the current 46B. He also pointed out some older cases (under the previous CCP section that was replaced by 46B). He agreed that 46B does not directly address the issue of competency raised after adjudication and prior to a revocation. However, he stated that the commission had no intent to change the original code that allowed a competency hearing be conducted post adjudication and prior to a revocation. We successfully proceeded under 46B.
