Daniels v. State

921 S.W.2d 377, 1996 Tex. App. LEXIS 1214, 1996 WL 137542
CourtCourt of Appeals of Texas
DecidedMarch 28, 1996
Docket01-94-00943-CR
StatusPublished
Cited by10 cases

This text of 921 S.W.2d 377 (Daniels v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniels v. State, 921 S.W.2d 377, 1996 Tex. App. LEXIS 1214, 1996 WL 137542 (Tex. Ct. App. 1996).

Opinions

OPINION

WILSON, Justice.

After refusing the assistance of appointed lead counsel, appellant, Terry Dewayne Daniels, proceeding pro se, pleaded not guilty to the offense of capital murder.1 The jury found him guilty and assessed his punishment at life in prison. In this appeal, we are asked to decide if appellant was denied due process of law when his motion for continuance was denied by the trial court. We hold he was not, and we affirm.

Background

Appellant and a codefendant robbed and murdered Beth Copenhanger after illegally entering her residence as she was hosting a party. Appellant held the guests at knife-point while his codefendant ransacked the home. In the course of the robbery, appellant’s codefendant shot and killed Ms. Copen-hanger. After the shooting occurred and the codefendant was threatening to kill another person present, the guests attacked and overpowered the two men. Appellant escaped on foot, but was later found by the police hiding in the closet of an acquaintance’s apartment. He was arrested and charged with the crime of capital murder.

Procedural History

When appellant was indicted in January 1993, the State announced it would ask for the death penalty. Appellant pleaded indi-gency and asked for appointed counsel. The trial court found appellant indigent and signed an order appointing Layton Duer as counsel. The record shows the trial court also appointed Ricardo Rodriguez co-counsel because the State was seeking the death penalty, but an order appointing Rodriguez was never signed or made part of the record. [380]*380Duer filed several motions and made appearances on appellant’s behalf. Rodriguez also filed several motions and consulted with appellant in preparing the defense. Ultimately, the State did not seek the death penalty, but did not announce this decision until the eve of trial.

On August 5,1994, appellant filed a motion for continuance because Rodriguez was serving as counsel in another trial on the day appellant’s case was scheduled to be tried. Duer informed the court he was not ready to proceed without Rodriguez. At the hearing on this motion, the State informed the trial court it did not intend to seek the death penalty. Based on this, the trial court denied the motion for continuance, noting co-counsel would never have been appointed had the State elected at the beginning not to seek the death penalty. The trial court specifically noted its ruling did not remove Rodriguez from the case but was only a refusal to delay appellant’s trial so Rodriguez could participate as co-counsel.

On August 8,1994, appellant filed a motion seeking to remove Duer as his appointed counsel. The court denied this motion. On the day of trial, Duer filed a second motion for continuance and sought an ex parte conference with the court to submit a motion to withdraw as counsel for appellant. He based his motion on his belief appellant intended to perjure himself. He was also concerned about a potential conflict of interest because appellant had filed a grievance against him with the State Bar and also claimed to have filed a section 19882 civil suit against him. The trial court denied Duer’s motion to withdraw. The court also denied the motion for continuance, noting the age of the case and the presence of a large jury panel awaiting voir dire.

Denial of the Motion for Continuance

In points of error three and four, appellant argues the trial court violated his federal and state constitutional rights by tacitly removing Rodriguez from his defense. He contends the denial of his motion for continuance was a de facto removal of counsel, compelling him to go to trial without Rodriguez. The Sixth and Fourteenth Amendments to the United States Constitution guarantee that a person brought to trial in any state or federal court must be afforded the right to assistance of counsel before he can validly be convicted and punished by imprisonment. Blankenship v. State, 673 S.W.2d 578, 582 (Tex.Crim.App.1984).

When the court determines a defendant charged with a felony is indigent, the court shall appoint one or more practicing' attorneys to represent him. Tex.Code CRiM. P.Ann. art. 26.04(a) (Vernon 1989). Although an indigent defendant does not have a right to the counsel of his own choosing, once counsel is appointed, a trial judge is obliged to respect the attorney-client relationship created through appointment. Buntion v. Harmon, 827 S.W.2d 945, 948 (Tex.Crim.App.1992, orig. proceeding). Although there is no appointment form in the record for co-counsel Rodriguez, the trial court stated on the record he had appointed Rodriguez. Had Rodriguez been available to participate in the trial, he would have been permitted to do so by the trial court.

As a threshold issue, we note the standard of review for granting any one of the motions that was before the trial court is abuse of discretion. See, e.g., Maddox v. State, 613 S.W.2d 275, 285 (Tex.Crim.App.1980). A matter of continuance is traditionally within the discretion of the trial judge. Rosales v. State, 841 S.W.2d 368, 374 (Tex.Crim.App.1992); Ex parte Windham, 634 S.W.2d 718, 720 (Tex.Crim.App.1982).

The State relies principally on Payton v. State, 503 S.W.2d 787, 787 (Tex.Crim.App.1974), to support its contention that the denial of appellant’s motion was not an abuse of discretion. In Payton, the court held it was not an abuse of discretion for the court to deny defendant’s motion for continuance on the ground that one of his two retained counsel was unable to appear. There are no mechanical tests for deciding when a denial of a continuance is so arbitrary as to violate due process. Windham, 634 S.W.2d at 720. In deciding whether to grant a continuance [381]*381because of the absence of defendant’s choice of counsel, some of the factors weighed by the trial court include:

(1) the length of delay requested; (2) whether other continuances were requested and whether they were denied or granted; (3) the length of time in which the accused’s counsel had to prepare for trial; (4) whether another competent attorney was prepared to try the case; (5) the balanced convenience or inconvenience to the witnesses, the opposing counsel and the trial court; (6) whether the delay was for legitimate or contrived reasons; (7) whether the ease was complex or simple; (8)whether a denial of the motion resulted in some identifiable harm to the defendant; and (9) the quality of the legal representation actually provided.

Id.

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Daniels v. State
921 S.W.2d 377 (Court of Appeals of Texas, 1996)

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Bluebook (online)
921 S.W.2d 377, 1996 Tex. App. LEXIS 1214, 1996 WL 137542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-state-texapp-1996.