Edwin Antonio Osorio-Lopez v. State

Court of Appeals Sixth Appellate District of Texas

JUDGMENT Edwin Antonio Osorio-Lopez, Appellant Appeal from the 115th District Court of

Upshur County, Texas (Tr. Ct. No. 17927). No. 06-18-00198-CR v. Memorandum Opinion delivered by Justice

Burgess, Chief Justice Morriss and Justice The State of Texas, Appellee Stevens participating.

As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the trial court’s competency determination. We abate and remand to the trial court for a new retrospective competency hearing. The trial court is instructed to appoint counsel who will not be a potential witness at the competency hearing to represent Osorio-Lopez at that hearing.

We note that the appellant, Edwin Antonio Osorio-Lopez, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED APRIL 23, 2021 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk