Hatchell v. State, 09-83-220-CR
Decision Date | 30 August 1984 |
Docket Number | No. 09-83-220-CR,09-83-220-CR |
Citation | 679 S.W.2d 614 |
Parties | Stephen Morris HATCHELL, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Appeals |
Appellant was indicted for aggravated rape of a child and incest. When the cause was called for trial, the State moved to proceed only on aggravated rape of a child. He was convicted by a jury, and the jury assessed punishment at ninety-nine years in the Texas Department of Corrections. From this judgment appellant has perfected appeal to this Court.
Appellant's sole ground of error urges: "The trial court erred in not conducting an examination into the competency of the State witness pursuant to Article 38.06, V.A.C.C.P."
Before the State's witness Jimmy Jones, age eleven, testified, defendant's counsel addressed the court as follows:
TEX. CODE CRIM.PROC.ANN. art. 38.06 (Vernon 1979) states in relevant part:
So it can be seen that defense counsel's objection did not reach the matters which art. 38.06 speaks of and, in the absence of an objection leveled at the competency of a witness, it has been held the trial court has no duty to conduct a competency hearing. Franco v. State, 492 S.W.2d 534 (Tex.Crim.App.1973).
Even if we stretch counsel's request for a voir dire examination into a proper objection, still we would not be authorized to reverse unless we find an abuse of discretion from the entire record. Villarreal v. State, 576 S.W.2d 51 (Tex.Crim.App.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 176, 62 L.Ed.2d 114 (1979); Martini v. State, 629 S.W.2d 253 (Tex.App.--Corpus Christi 1982, no writ). There is nothing in Jimmy Jones' testimony to suggest he was not intelligent or observant. His testimony was certainly not crucial to the State; it established only that the father [appellant] was in a locked...
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Montoya v. State, 13-90-165-CR
...See Carr v. State, 475 S.W.2d 755, 757 (Tex.Crim.App.), cert. denied, 409 U.S. 1099, 93 S.Ct. 919, 34 L.Ed.2d 682 (1972); Hatchell v. State, 679 S.W.2d 614, 615 (Tex.App.--Beaumont 1984, no pet.). Thus, appellant waived his right to complain of this alleged error because he did not object t......