Jackson v. State

OPINION

SEARS, Justice.

Appellant was convicted by a jury of possession of cocaine with an affirmative finding on the use of a deadly weapon. Appellant took the stand for the first time during punishment. All parties then discovered that Appellant was receiving disability payments from the State because she was mentally retarded. The trial court allowed the jury to assess punishment, but declined sentencing until a competency hearing was conducted. The jury found a single enhancement paragraph to be true, and assessed punishment at confinement for life in the Texas Department of Criminal…