Acosta, Paul Anthony

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0571-05 PAUL ACOSTA, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

Keller, P.J., filed a concurring opinion in which Keasler, J., joined.

We need not decide today whether Cuyler ⁽¹⁾ extends beyond the multiple-representation species of "conflicts of interest." This case actually involves an instance of multiple representation. Defense counsel undertook to represent appellant's wife, albeit informally, in the custody matter. It is that representation that resulted in counsel having conflicting objectives during the appellant's criminal trial. I agree that Cuyler logically extends beyond the representation of co-defendants to other instances of multiple representation. But I would not decide in this case whether it extends to other so-called conflicts, such as a conflict between an attorney's personal interests and that of his client.

With these comments, I concur in the court's judgment.

Filed: September 12, 2007

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1. Cuyler v. Sullivan, 446 U.S. 335 (1980).