Lipscomb v. State

Frank Holt, Justice.

Appellant was convicted by a jury of aggravated robbery and sentenced to 15 years imprisonment.

Appellant first asserts the trial court erred in not making a pretrial determination of his fitness to proceed to trial. Although the court held a pretrial hearing on appellant’s motion contesting his competency to stand trial, at its conclusion the court stated he was taking the motion under advisement, the defense counsel could renew it at “an appropriate time, whenever you think it is necessary in the trial”, and he would rule on it. There was no objection to this procedure.…