Chance Carter Gray v. The State of Texas--Appeal from 432nd District Court of Tarrant County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 02-11-00013-CR

Case Date: 11/23/2011

Plaintiff: Chance Carter Gray

Defendant: The State of Texas--Appeal from 432nd District Court of Tarrant County (Majority)

Preview:COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-11-00013-CR NO. 02-11-00014-CR

CHANCE CARTER GRAY V. THE STATE OF TEXAS ----------

APPELLANT

STATE

FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY ----------

MEMORANDUM OPINION1
---------Chance Carter Gray appeals his convictions and concurrent nineteen-year sentences for two counts of aggravated robbery with a deadly weapon. In a single point, appellant contends that the trial court erred when it failed to sua sponte conduct an inquiry into his competency after testimony showed that he was taking medication given to him by the Tarrant County Sherriff's Department Jail Administration to control his anger and assist him in sleeping. We affirm.
1

See Tex. R. App. P. 47.4.

Appellant entered an open plea of guilt to both charges. At the hearing on sentencing, appellant testified that he had taken a Xanax before committing the first robbery and that he was on Depakote for bipolar disorder at the time he took the Xanax. He was seventeen when he committed the robberies with a fifteenyear-old acquaintance. Appellant's counsel asked appellant if he had been "in special ed classes," and appellant answered, "Yeah." Appellant's counsel then asked appellant

whether he was taking any medication while incarcerated, and appellant said he was. When asked what the medications were for, appellant answered, "For my anger control, like anything, like me hyperactive and all that, you know what I'm saying? Make me sleep

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