Lindsey v. State

544 S.W.3d 14
CourtCourt of Appeals of Texas
DecidedFebruary 6, 2018
DocketNO. 14-16-00895-CR
StatusPublished
Cited by18 cases

This text of 544 S.W.3d 14 (Lindsey 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
Lindsey v. State, 544 S.W.3d 14 (Tex. Ct. App. 2018).

Opinion

Kem Thompson Frost, Chief Justice

Appellant Aaron Shawn Lindsey challenges his conviction, alleging that the trial court abused its discretion by not sua sponte conducting an informal inquiry into appellant's competency to stand trial. We conclude that the trial court did not abuse its discretion by failing to conduct an informal inquiry into appellant's competency because the record does not contain evidence suggesting that appellant was incompetent to stand trial. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant lived with the complainant in the complainant's apartment. The two men had lived together for about a year.

On New Year's Day, appellant was listening to rap music, and the complainant asked appellant to lower the volume. Appellant refused and the complainant told appellant to leave. According to the complainant, appellant became angry and strangled the complainant, causing him to lose consciousness. As soon as the complainant regained consciousness, appellant strangled the complainant again. The complainant stated that this strangulation followed by loss of consciousness happened four times. Eventually, appellant decided he wanted to go out to eat and went into the bathroom to get ready. The complainant then ran across the street to a neighbor's home, where the complainant contacted the police.

The complainant told police officers that appellant was the complainant's boyfriend and that appellant had strangled the complainant. The officers documented the complainant's condition, noting that the complainant had bitten his tongue and defecated on himself. Appellant was arrested and indicted for committing assault by strangulation against a family member after previously having been convicted of assault against a family member. Appellant pleaded, "not guilty" to the charge, but stipulated to the prior conviction.

Request to Proceed Pro Se

Before trial, appellant moved the trial court to dismiss his court-appointed attorney. The judge replied, "I'm not going to be terribly keen on you representing yourself. That's a recipe for disaster." Appellant then asked the court if the court *17would appoint him a legal advisor if appellant represented himself. The trial judge initially stated that the court would appoint a legal advisor. After further questioning the trial judge took appellant's motion under advisement.

At a later hearing, appellant requested again to represent himself. The trial judge questioned appellant about his reasons for asking to proceed pro se. After a lengthy discussion, the trial court granted appellant's request to proceed pro se and appointed appellant a legal advisor. At a third pretrial hearing, appellant's legal advisor raised the issue of appellant's legal competence to represent himself. The advisor did not object to the trial court's characterization of the advisor's concern as a concern about appellant's legal competency to represent himself rather than his mental competency to stand trial. The trial judge allowed the legal advisor to ask appellant questions about his knowledge of the law and trial procedure. Appellant had read the Texas Code of Criminal Procedure, but appellant acknowledged that he did not know certain things about the rules of trial. Throughout this hearing, the trial judge continued to caution appellant against representing himself and offered appellant the option to change his mind again. Appellant stated that he would work with his legal advisor to learn the rules, but steadfastly maintained that he desired to represent himself. The trial court determined appellant could represent himself.

Voir Dire

Before trial, appellant participated fully in jury selection. Appellant opened his voir dire with an explanation of his past. Appellant made comments insinuating that he wanted to tell the venire panel more information about himself and about the case, but that he could not tell the venire panel everything that he wanted to tell them because of court rules. Appellant told the venire panel that he would dismiss anyone who did not want to be there serving on the jury. The trial judge admonished appellant, telling him that the comment was inappropriate. Appellant interrupted the judge to tell the venire panel that the deck was stacked against him and he was going to have a hard time representing himself.

Appellant did not confine voir dire to appropriate jury-selection questions, and at one point, appellant's legal advisor handed appellant a list of questions he might ask the venire panel. One of the venire members stopped appellant and told appellant that the prosecutor actually had given that list of the questions to the advisor. Appellant seized on this event to tell the jury that one of the reasons he was afraid to represent himself was because "there's some things going on that" appellant could not tell the venire panel because the judge ruled appellant could not discuss them. Appellant explained that the State was planning to strike venire members who seemed "beneficial" to appellant. Appellant explained, "And what I mean by 'beneficial' is somebody that would be more lenient for the whole situation. And what I mean by 'lenient' is-right now I'm confused. Okay? I'm okay. I'm of sound mind and everything. I just-everything-I'm going to read what's written here." Appellant then proceeded to ask the venire panel the questions listed on the paper.

During voir dire, a venire member asked to speak to the trial judge. The venire member told the trial judge that the venire member had concerns about appellant's "competency." The following exchange occurred:

[Venire Member]: I have a concern about the competency of the Defendant to be able to take-do this case. It is disturbing me, somewhat. And I don't know the rules of the Court, but based on TV-*18[Trial judge]: Sure
[Venire Member]: -I have heard the Court can appoint a lawyer to defend the person. I don't want to be in a situation where I'm passing judgment on somebody because he can't do his job well enough to defend himself. That's my only concern.

Upon questioning by the prosecutor, the venire member explained that appellant's rambling during voir dire was frustrating and the juror could not stop thinking that appellant needed to stop rambling and ask his question.

Opening Statement

In appellant's opening statement, appellant explained that he was not in a family relationship with the complainant. The complainant and appellant are both male and appellant explained that he is not homosexual. Appellant stated that the complainant sexually assaulted appellant and then created the scene in the apartment to frame appellant. Appellant also explained that he was representing himself because in the past he worked with attorneys who did not look out for his best interests.

The complainant's testimony

At trial, the complainant testified that he and appellant were in a sexual relationship when appellant strangled him. During the cross-examination, appellant attempted to establish that appellant lived with the complainant and served as the complainant's caretaker while the complainant dealt with severe health problems, including dialysis, that required medical care.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Juan Manuel Casares v. the State of Texas
Court of Appeals of Texas, 2025
Roman Angelo Royal v. the State of Texas
Court of Appeals of Texas, 2024
Jeremy Dwayne Pleasant v. the State of Texas
Court of Appeals of Texas, 2024
Charles Henry Booker v. the State of Texas
Court of Appeals of Texas, 2024
Michael Shane Powell v. the State of Texas
Court of Appeals of Texas, 2024
Frederick Jovon Evans v. the State of Texas
Court of Appeals of Texas, 2024
Denise Rodriguez v. the State of Texas
Court of Appeals of Texas, 2023
Jeremy C. MacDonald v. the State of Texas
Court of Appeals of Texas, 2023
Erik Ronald Rod v. the State of Texas
Court of Appeals of Texas, 2023
Bryan Matthew Cahill v. the State of Texas
Court of Appeals of Texas, 2022
Luis Garza, Jr. v. the State of Texas
Court of Appeals of Texas, 2022
Timothy Lee Barnum v. the State of Texas
Court of Appeals of Texas, 2022
John David Babyak v. the State of Texas
Court of Appeals of Texas, 2022
Francisco Sanchez v. State
Court of Appeals of Texas, 2021
Lindsey, Aaron Shawn
Court of Criminal Appeals of Texas, 2021

Cite This Page — Counsel Stack

Bluebook (online)
544 S.W.3d 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-state-texapp-2018.