Durgan, Nakeesha

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1069-06

NAKEESHA DURGAN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

ANGELINA COUNTY

Keasler, J., filed a dissenting opinion.

D I S S E N T I N G O P I N I O N

I respectfully dissent. The majority's holding that the court of appeals erred in holding that it lacked jurisdiction to consider Durgan's competency claim under Texas Code of Criminal Procedure Article 42.12, Section 5(b) is at odds with our case law interpreting the prohibition against appeal from a trial judge's determination…