Valderas v. State

Appellant Jose Valderas appeals from his conviction for aggravated sexual assault, enhanced. By two issues he asserts that (1) the trial court violated his due process rights by failing to sua sponte order appellant to submit to an examination in a mental health facility to determine his competency to stand trial, and (2) his trial counsel rendered ineffective assistance of counsel by (a) failing to investigate appellants mental health history, and (b) failing to request an order committing appellant to a mental health facility pursuant to Tex. Crim. Proc. Code Ann. art. 46.02, 3(b) (Vernon Supp. 2004). We affirm.