McDaniel v. State

OPINION

in which KELLER, P.J., and MEYERS, PRICE, WOMACK, HERVEY and HOLCOMB, JJ., joined.

This is a probation revocation case. Before the revocation hearing, appellant’s counsel filed a “Motion for Examination *706Regarding Ineompetency,” asserting there was “an issue” regarding appellant’s competency and requesting appointment of an expert for competency testing. The question presented is whether the trial court was, on the basis of that motion, required to hold a competency inquiry prior to the revocation hearing.1 We hold that a trial judge need not perform a “competency inquiry” unless…