Reinke v. State

OPINION

JEFF ROSE, Justice.

Appellant Brad William Reinke’s application for writ of habeas corpus raises an issue of first impression involving recent statutory amendments governing the long-term commitment of defendants who are found incompetent to stand trial. Specifically, the 2005 Legislature’s article 46B.009(b) — now 46B.0095(a) — prohibits a defendant who is found incompetent to stand trial from being committed by the State to a mental hospital or other inpatient or residential facility for a period “that exceeds the maximum term provided by law for the offense for which the defendant…