Texas Code of Criminal Procedure 46B.051 – Trial Before Judge or Jury
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(a) If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the motion of the court, a jury shall make the determination.
(b) The court shall make the determination of incompetency if a jury determination is not required by Subsection (a).
Terms Used In Texas Code of Criminal Procedure 46B.051
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must determine the issue of incompetency.