Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION FOR HEARING TO DETERMINE COMPETENCY
OF THE DEFENDANT TO STAND TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above entitled and numbered cause and files his motion requesting a competency hearing and in support thereof would show the Court as follows:
	
I.
Defendant, by and through his/her attorney of record, requests a hearing upon the issue of competency of the Defendant to stand trial because the Defendant does not have sufficient present ability to consult with counsel to a reasonable degree of rational understanding, and does not have a rational or factual understanding of the proceedings now pending against said Defendant. Tex. Code Crim. Proc. art. 46.02, § 1A(a); Drope v. Missouri, 420 U.S. 162 (1975).  

The attached affidavit of ________________, which is incorporated herein for all purposes as Exhibit "A" by this reference, indicates that the Defendant suffers from a mental disease or defect which impairs the ability of the Defendant to stand trial.
	
II.
Pursuant to Article 46.02, Section 4, of the Texas Code of Criminal Procedure, the Defendant requests a hearing, by a jury separate and apart from any jury sworn, selected and impaneled to determine the guilt/innocence of the Defendant, to consider the issue of competency to stand trial. 

Such hearing would serve to preserve Defendant's rights under the Fifth and Fourteenth Amendments to the United States Constitution, Article I, Sections 10, 13 and 19 of the Texas Constitution, and Articles 1.04, 1.05 and 1.051 of the Texas Code of Criminal Procedure.  

[If applicable.  In the event of a finding of incompetency, Defendant would request that the jury further consider whether the Defendant is a person with mental retardation, as defined by Section 591.003 of the Texas Heath and Safety Code, and if so, whether the Defendant meets the criteria for commitment to a residential care facility, as provided by Article 46.02, § 6(c) of the Texas Code of Criminal Procedure]

	WHEREFORE, PREMISES CONSIDERED, Defendant herein would pray that the Court 
schedule this matter for jury trial upon the issue of Defendant's competency to stand trial, and that upon a finding of incompetency, that the jury also consider and render a finding as to the range of treatment opportunities defined by law.

Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone 
Fax

Attorney for Defendant
***

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion for Hearing to Determine Competency of the Defendant to Stand Trial was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

EXHIBIT "A"

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

	AFFIDAVIT OF ____________

BEFORE ME, the undersigned authority of this date, personally appeared _________________, who upon his/her oath being duly sworn, deposes and states as follows:	
	
	[HERE INSERT PERTINENT DATA]

SIGNED this ___ day of ___________________, 200___.

____________________________________
{Signature of Affiant}

SUBSCRIBED AND SWORN TO BEFORE ME, by the said __________, on this the ___ 
day of ___________________, 200___.

____________________________________
Notary Public in and for the State of Texas

Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

ORDER

	BE IT REMEMBERED, that on the ______ day of _______________, 200___, came on to 
be considered the Defendant’s motion seeking a jury determination of the issue of competency to stand trial.  Upon consideration of the motion and argument of counsel, the motion is:

	__________	(GRANTED and a hearing before a jury on the Defendant’s competency to stand trial is scheduled for _______________________________, 200___.)

	__________	(DENIED, to which ruling the Defendant excepts.)

SIGNED on the _____ day of _______________________, 200___.

____________________________________
JUDGE PRESIDING