Texas Courts of Appeals
Reinke v. State- 3rd COA
07/22/11 : Cite No. 03-10-00722-CR
After a defendant is indicted with the addition of enhancements but found incompetent to stand trial and committed to a mental health facility, must he be released when he has served the maximum term for the offense on which he was tried?
Yes, he must be released at the completion of the term for the charged offense excluding any enhancements. An extension can be obtained only through civil commitment proceedings. Read Opinion.
The court of appeals provides a reasonable explanation for reading the language to exclude additional time for enhancements. The State might want to think about seeking a Legislative amendment to change the length of time available for criminal commitment. Meanwhile, the State can seek to continue the defendant’s confinement in a mental health facility through civil proceedings.
State v. Dill – 6th COA
07/21/11 : Cite No. 06-10-00234-CR
After a directed verdict for theft under an information alleging theft of “food and personal hygiene products”—where the proof had been that the defendant stole dog treats, dog nail clippers, a bottle of hair coloring, and various items of makeup—was the State barred by double jeopardy from retrying the theft under an information alleging theft of “makeup?”
No, because the allegation in the second information charged a different theft than the theft alleged in the first information. Read Opinion.
Hey, dog treats could be “food”. Still, one wonders how the State got to trial without knowing what was actually stolen.