Strong v. State

773 S.W.2d 543, 1989 Tex. Crim. App. LEXIS 103, 1989 WL 54047
CourtCourt of Criminal Appeals of Texas
DecidedMay 24, 1989
Docket1353-87
StatusPublished
Cited by47 cases

This text of 773 S.W.2d 543 (Strong v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strong v. State, 773 S.W.2d 543, 1989 Tex. Crim. App. LEXIS 103, 1989 WL 54047 (Tex. 1989).

Opinions

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

The appellant, Danny Lee Strong, was convicted of murder pursuant to V.T.C.A. Penal Code, § 19.02(a). After Strong pled true to three enhancement paragraphs, the jury assessed his punishment at 99 years in the Texas Department of Corrections. In his direct appeal, the appellant complained that the trial court had erred when it admitted into evidence a letter he had written to a then co-defendant’s attorney. The court of appeals rejected his complaint and affirmed his conviction. Strong v. State, 739 S.W.2d 506 (Tex.App — Ft. Worth, 1987). We affirm.

This is a case of first impression. We granted appellant’s petition for discretionary review to address the issue of attorney-client privilege under Rule 503 of the Texas Rules of Criminal Evidence.1

I.

Both the appellant and his accomplice, Deana Sweeney, were charged with the [545]*545murder of Robert E. Thomas. At trial, Sweeney related the facts of the offense as follows: Appellant began living with Sweeney (who was estranged from her husband, Frank) in the summer of 1985. On December 6, 1985, after traveling from Lubbock, appellant and Sweeney ended up in a Fort Worth truck stop coffee shop after an evening of bar hopping. There they met Thomas, a local resident who frequented the coffee shop, and engaged him in conversation. Eventually Sweeney asked Thomas if they could stay the night at his place. Thomas agreed, and the trio rode in Thomas’ car to his nearby garage apartment. The one room efficiency had only a single bed. The three talked and drank long into the night, at one point discussing the possibility of appellant’s employment with Thomas, who was an electrician by trade. Around 2:30 a.m., after the beer ran out, appellant prepared to sleep on the floor near Thomas’ bed while Sweeney settled on some cushions in a nearby comer. After appellant had presumably drifted off to sleep, Thomas accosted Sweeney, insinuating that he “wasn’t going to sleep by hisself [sic].” Sweeney answered “don’t start nothing, man, just go to bed.” With that, the appellant abruptly rose from the floor where he had been feigning sleep. Momentarily concealing his jealous temper, he calmly told Thomas that he needed to use the bathroom. Thomas replied that he had no toilet paper, and reached into a closet to get some newspapers for his house guest. Appellant suddenly jumped Thomas, wrestling him to the floor. Taking control, he ordered Thomas to empty his pockets.) When Sweeney asked what he was doing, appellant replied “just sit there and shut the fuck up!” While Thomas was dazed and lying on the floor, appellant kicked him violently in the head, ordering him not to move or he would “kick his brains out.” He taped Thomas’ mouth shut with duct tape to silence him, and hurriedly tied him about the neck, hands and feet with* an orange extension cord. The appellant then drew the extension cord “real tight,” until Thomas was bound in a fetal position. Announcing “this is what you deserve,” appellant stood up and urinated on Thomas’ head and shoulders. According to the medical examiner’s testimony, Thomas died of asphyxiation due to strangulation some fifteen minutes later. Appellant and Sweeney then fled in Thomas’ car, all the while appellant warning Sweeney “you know what I do to snitches, don’t you?”

Over a month later, on February 4, 1986, Sweeney voluntarily surrendered to the authorities in Jackson, Mississippi. Three days after that, the appellant was arrested. Both were extradited to Texas and incarcerated in the Tarrant County Jail. On February 9, 1986, Sweeney voluntarily made a statement to the authorities which related essentially the same facts to which she testified at trial.2

After their arrest, each were provided two court-appointed attorneys. Mr. Link and Mr. Lewis were appointed to represent [546]*546the appellant, while Sweeney was initially represented by Mr. Haley and Mr. Baldwin.

In his petition for discretionary review, the appellant contends that the trial court erred in admitting into evidence the following letter he wrote to Baldwin, Sweeney’s attorney:

April 10, 1986
Mr. Charles F. Baldwin
You and Mr. Haley have been appointed by a Judge of one of the Criminal District courts to represent, Mrs. Sweeney, on a Capital Murder Charge, and Danny Strong. (This is and will be, one-case!) “Not separate,” sir.
Mr. Baldwin, I would never attempt to advise you, are any other lawyers, on this case. (Not until I see that one of you are not acting in mine and Mrs. Sweenys, best interest!) All of you were appointed by the courts, and you’re jobs are to defend and establish the innocence, of the innocent.
Mr. Baldwin, everytime you take yourself to jail, to pressure Mrs. Sweeney. To, “tum-state’s-evidence” against me. Is not using your, best ability, or judgment, as a professional-criminal attorney, concerning her or, our case! “So far,” all you have accomplished. Is getting Mrs. Sweeney so up-set, to the point of a nervous break-down!
Mrs. Sweeney has told you repeatedly ... “That no, she will not do as you (wrongly) ask!” If you keep persisting in, pressuring, badgering and up-setting (Supposedly) your client and not showing any interest in this case. (Just to, “cop-out,” or, “let’s make a deal” type case). You, (are any of the other lawyers that feel this way” will be asked to with-draw from this serious and unjust charge & case!
This case is “one,” not separate! We are testifying for each other, of our innocence.
Robert E. Thomas (deceased) was in the process of committing a, “terrible and felonious-crime,” of forcible-rape, against Mrs. Sweeney!” “In which,” I stepped-in to stop, said crime, from happening. To the point of almost losing my life, by being attacked from, behind, by Robert E. Thomas with a sledge-hammer. (If you would like to talk with Mrs. Sweeney & I, “concerning this alleged-crime,” please do so.)
Since, Mr. Haley, Mr. Lewis Mr. Link and yourself, are representing us. We (Mrs. Sweeney and myself) are informing all four (4), “that you have our permission,” to discuss and research our-case together and as a team!
Sincerely, /s/
1-7F1.-Tank E (Danny Lee Strong)
300 W. Belknap
Ft. Worth, Tx.
76102-2083
P.S. — Mrs. Sweeney’s only crime, “was being an attractive-lady in the presents of a, drunken, dirty-horny, Robert E. Thomas!” Mrs. Sweeney, had nothing to do with anything else. “Except,” leave with me in Robert E. Thomas’s car, in panic & fear! [sic et passim ]

Baldwin, the recipient of the letter, as previously noted, at that time represented Sweeney while she was in custody on charges of capital murder. After she was indicted for murder and made bond on June 12, 1986, she retained Jim Shaw as her attorney. Baldwin thereafter gave Shaw Sweeney’s file, including the letter authored by appellant. Shortly thereafter, Shaw turned the letter over to the State, assuming “by [Sweeney’s] actions or failure to react that it was okay.”

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Bluebook (online)
773 S.W.2d 543, 1989 Tex. Crim. App. LEXIS 103, 1989 WL 54047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strong-v-state-texcrimapp-1989.