Williams v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The ijuestion upon which we granted discretionary review is: When an issue of incompetency to stand trial is raised during trial, by what standard is the trial court to determine whether there is evidence to support a finding of incompetency to stand trial? Stated in other terms, was Johnson v. State, 564 S.W.2d 707 (Tex.Cr.App.1977) correctly decided, given the subsequent opinion of the Court in Sisco v. State, 599 S.W.2d 607 (Tex.Cr.App.1980).

On original submission the Amarillo Court of Appeals followed Sisco v. State,…