Fulbright v. State

41 S.W.3d 228, 2001 Tex. App. LEXIS 1322, 2001 WL 200150
CourtCourt of Appeals of Texas
DecidedMarch 1, 2001
Docket2-99-018-CR
StatusPublished
Cited by38 cases

This text of 41 S.W.3d 228 (Fulbright 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
Fulbright v. State, 41 S.W.3d 228, 2001 Tex. App. LEXIS 1322, 2001 WL 200150 (Tex. Ct. App. 2001).

Opinions

OPINION

CAYCE, Chief Justice.

Introduction

Appellant Bennett Fulbright appeals his conviction for driving with a suspended [231]*231license. After a jury trial, his sentence was assessed at 150 days’ confinement and a $100 fine. On appeal, appellant complains the trial court improperly permitted him to represent himself. Appellant asserts the court failed to adequately admonish him of the dangers and disadvantages of self-representation, so his waiver of counsel was not knowing, intelligent, and voluntarily. Appellant also contends the trial court abused its discretion by failing to appoint standby counsel. We will affirm.

Procedural Background

Appellant was charged by complaint and information with the offense of driving while license suspended. On July 31, 1998 he appeared at a pretrial hearing and announced he was not ready for trial. Appellant stated he was representing himself because he could not afford an attorney. The judge continued the trial until September 14, at which time he apparently appointed a Fort Worth attorney, Ed Jones, to represent appellant. No record was made of that hearing. At an October 26 hearing, appellant informed the trial court that he did not want Jones to represent him, so the court removed Jones from the case. At appellant’s request, the court allowed appellant to represent himself and reset the trial for November 5.

On November 4, appellant filed a motion requesting public funds to hire an attorney of his choice to act in an advisory role.1 The following day, appellant appeared without counsel and reiterated his desire to represent himself. In response to the trial court’s inquiries about his background, appellant stated that he was a 40 year old unemployed computer programmer with a degree in computer science and engineering from the University of Texas at Arlington and work towards a master’s degree from the University of Houston. Appellant indicated that he had represented himself once before in municipal court for driving without insurance,2 did not have mental or emotional problems, and was not representing himself out of duress or coercion. Appellant stated that he did not understand the nature of the charges against him or the range of punishment, so the trial court explained that appellant was being charged with driving while his license was suspended on or before August 17, 1997 and that the punishment range was three to 180 days in jail and up to a $500 fine. The trial court also told appellant a lawyer might aid him in understanding these things. In response to the court’s further questioning, appellant stated that he was “not completely” familiar with the rules of evidence governing trial procedure, but did understand his right to a trial by jury and knew the possible dangers associated with representing himself.

Regarding his right to an attorney, appellant explained to the court that he did [232]*232not want a lawyer to represent him, but wanted to represent himself with assistance from court-appointed standby counsel. The following exchange occurred between the trial court and appellant:

THE COURT: Is there anyone or anything forcing you to give up your right to have a lawyer to represent you?
MR. FULBRIGHT: I don’t want a lawyer to represent me.
THE COURT: So nobody’s forcing you to give up that right for a lawyer to represent you?
MR. FULBRIGHT: Right.
THE COURT: No one’s promised you anything to give up the right to have a lawyer represent you?
MR. FULBRIGHT: I was not promised anything.
THE COURT: You understand that if you couldn’t afford a lawyer to represent you, you understand that the Court could appoint one to represent you? You understand that?
MR. FULBRIGHT: Right.
THE COURT: In fact the Court did. Okay. Knowing all that stuff, do you still wish to give up your right to have a lawyer represent you [in] this case?
MR. FULBRIGHT: Right.
THE COURT: Take a look at that. There’s two places to sign.
MR. FULBRIGHT: Is this saying I give up right to assistance of counsel?
THE COURT: You have the right to have a lawyer to represent you.
MR. FULBRIGHT: As long as I retain the right to assistance of counsel, then I might have a problem. If it’s saying I give up the right to assistance of counsel, then I have a problem with that and won’t sign.
THE COURT: Your right to a lawyer to assist you, I’m using your semantics, you want Ed Jones to?
MR. FULBRIGHT: I’ve got a problem with the way this thing’s worded. It says, ‘You have told this Court that you do not wish to have this Court appoint a lawyer to help.” Well, I do need help and I’ve motioned for help.
What I don’t want the lawyer to do is take over my powers of representation. I need advice and assistance of counsel, but I don’t need him to take away my powers of representation, my control over decisions like what kind of defense to present to the jury or whether to make a request for continuation. I want to retain that control.
THE COURT: So you want Mr. Jones to come in here and sit by you and assist you?
MR. FULBRIGHT: I want assistance of counsel, and I tried to explain—
THE COURT: You want Mr. Ed Jones in here or you don’t want him in here?
MR. FULBRIGHT: If that’s the only assistance of counsel I can get, then I want him in here.
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THE COURT: In that regard, you understand if the Court allows you standby counsel, that you’ve got to make all the tactical decisions. They can’t talk.
MR. FULBRIGHT: That’s better than nothing.
THE COURT: Why do you want a lawyer if you don’t want him to do anything?
MR. FULBRIGHT: I do want him to give advice, but I don’t want him to take away my final decision as to what’s said or goes forward in terms of motions and that type of thing. I want to have the final say-so on whether or not a motion gets made and I want to be able to talk [233]*233to the jury myself. I don’t want to be misrepresented, and my understanding—
THE COURT: Your right to a lawyer to assist you—
MR. FULBRIGHT: The lawyer may act as counsel—
THE COURT: You want to use these words, “representation” and “assistance.” I asked you if you wanted me to appoint a lawyer to assist you, and that is a lawyer to represent you. You want to use those as different semantics, but they’re synonymous.
MR. FULBRIGHT: The law books I’ve studied especially with regard to Texas, the way I understand it, I can have assistance of counsel without having that counsel take your powers of self-representation away.
THE COURT: You can have what’s called standby counsel.

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Cite This Page — Counsel Stack

Bluebook (online)
41 S.W.3d 228, 2001 Tex. App. LEXIS 1322, 2001 WL 200150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulbright-v-state-texapp-2001.