I continue to adhere to my position in Hogans v. State that the appealability of a matter under the deferred adjudication statute depends entirely upon the relief sought. ⁽¹⁾ To the extent appellant's "competency to stand trial" claim challenges the trial court's ability to determine his punishment, the claim is appealable.

Filed: November 7, 2007

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1. 176 S.W.3d 829, 837-41 (Tex. Crim. App. 2005)(Keller, P.J., dissenting).