I'm looking for a jury charge dealing with a Sec. 6 (CCP Art. 46.02) civil commitment with charges still pending.

The fact situation is one I have not seen in my 15 years of prosecuting. The defendant was sent to Vernon after the jury found that he was not competent but there was a substantial probability that he would become competent in the future. Almost 90 days later we received a notice from a Vernon psych that the def is still incompetent and there is now NO substantial probability, in her opinion, that the def will regain competence. We will not dismiss the charge and I have been told that our non-MHMR psych now agrees with the one from Vernon. Jury trial is set for Monday afternoon.

My experience with these defs in the past is that they go to Vernon and then we soon get the notice that the def has regained competency. This, however, is a new twist I've yet to see.

[This message was edited by Joe Bob Johnson on 10-30-03 at .]

Give me a at 512-463-2170 and give me your fax number. We just had the same situation about a month ago. I'll fax you the charge we used.

A big "Thank you" goes out to Lisa Tanner. The charge is just what we needed.