Brown, David Earl

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1723-12

DAVID EARL BROWN, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Cochran, J., filed a concurring opinion in which Meyers and Alcala, JJ., joined.

I join the majority opinion and agree to remand this case for a retrospective competency hearing. I write separately because the resolution of this unusual case is largely dependant upon its specific facts. We do not frequently encounter the situation in which a defendant has shot himself in the head during the trial.…