Thornhill v. State

OPINION

BRIGHAM, Justice.

In this case of first impression, we are called upon to determine whether a defendant is entitled to a jury trial on competency in a probation revocation proceeding as a matter of right where that probationer has previously been adjudicated competent. We find that under these facts, the probationer is entitled to a jury trial. We reverse the judgment of the trial court.

BACKGROUND

An Archer County, Texas jury indicted William Anthony Thornhill for felony driving while intoxicated on February 1, 1993. Thornhill pleaded guilty. Punishment was assessed at incarceration for…