A Harker Heights man who was set to be sentenced on a felony child sex charge instead was declared incompetent to stand trial.
Primitivo Maldonado-Guzman, 54, pleaded guilty in November of 2018 to the second-degree felony charge of indecency with a child by sexual contact and his sentencing was set for Jan. 15, 2019, but the sentencing did not happen.
Instead, he was was found incompetent, court officials said after a hearing this week in the 27th Judicial District Court in Belton.
“Maldonado-Guzman is now awaiting transfer to a state facility due to him having become incompetent,” said Bell County District Attorney Henry Garza on Wednesday. “After he entered his plea and while awaiting sentencing his condition changed. This setting was for the purpose of getting an update of his status.”
On Feb. 25, 2019, Maldonado-Guzman’s defense attorney brought the matter before the court and a Temple clinical psychologist was appointed to examine the defendant. On March 13, 2019, Judge John Gauntt found Maldonado-Guzman to be incompetent and “a danger to others and public safety,” according to the court’s order last year.
The court also ordered that he be confined at an impatient mental health facility for a period not to exceed 120 days “for further examination and treatment toward the specific objective of attaining competency to stand trial.”
If competency is restored, criminal proceedings would resume, according to the court’s order.
Maldonado-Guzman is accused of assaulting a 14-year-old girl at her Harker Heights residence in late November 2017, according to the arrest affidavit.
He was being held with no bond on Friday.
Maldonado-Guzman was booked into jail on Jan. 21, 2018.