Weylin W. Alford v. State

367 S.W.3d 855, 2012 WL 1513700, 2012 Tex. App. LEXIS 3402
CourtCourt of Appeals of Texas
DecidedMay 1, 2012
Docket14-11-00344-CR
StatusPublished
Cited by15 cases

This text of 367 S.W.3d 855 (Weylin W. Alford 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
Weylin W. Alford v. State, 367 S.W.3d 855, 2012 WL 1513700, 2012 Tex. App. LEXIS 3402 (Tex. Ct. App. 2012).

Opinions

OPINION

WILLIAM J. BOYCE, Justice.

A jury convicted appellant Weylin W. Alford of possessing less than one gram of cocaine and assessed punishment at five years’ imprisonment. In a single issue, appellant argues that the trial court deprived him of the right to self-representation. We agree. Appellant’s conviction is reversed, and we remand for a new trial.

Background

Appellant was arrested for public intoxication after causing a disturbance at a McDonald’s restaurant. An officer searched appellant and found a small bag of cocaine in his pocket.

The trial court appointed counsel to represent appellant. On the day before trial, [857]*857appellant filed a pro se motion to dismiss his attorney, asking the court to appoint new counsel. On the first day of trial, before the venire was brought into the courtroom, appellant told the court he had a question. The following colloquy ensued:

THE COURT: What’s your question?
THE DEFENDANT: I want to represent myself in the trial, sir.
THE COURT: Why would you want to do that?
THE DEFENDANT: I have no confidence and no trust in this lawyer that I was appointed. I put in the motion to file for dismissal of this court-appointed lawyer.
THE COURT: I deny that motion.
THE DEFENDANT: Can I have a copy of it, sir, please?
THE COURT: No, sir. You filed it. So, it’s in the Court’s file. It’s going to be ruled on and dismissed. So, Mr. Ruzzo is going to represent you. Now, when you say you want to represent yourself, did you go to any law school?
THE DEFENDANT: No, sir, not quite but, I mean, you know—
THE COURT: What’s not quite?
THE DEFENDANT: We are entitled to, you know, time in the law library.
THE COURT: My question is, did you go to law school?
THE DEFENDANT: I said, no, sir.
THE COURT: Have you studied any law at all?
THE DEFENDANT: I mean, in the law library.
THE COURT: Talking about an educational process such as college?
THE DEFENDANT: No, sir.
THE COURT: Law school?
THE DEFENDANT: No, sir.
THE COURT: All right. How old are you?
THE DEFENDANT: Thirty, sir.
THE COURT: How far did you go in school?
THE DEFENDANT: Eleventh grade. I have two points before I get my GED though.
THE COURT: Never graduated from high school?
THE DEFENDANT: No, sir.
THE COURT: Haven’t been to college?
THE DEFENDANT: No, sir.
THE COURT: Tell me about what you know about the legal system.
THE DEFENDANT: As far as what?
THE COURT: Tell me what you know, how the legal system works.
THE DEFENDANT: With a person that doesn’t have any finance, as far as, you know, my situation, I believe the most important part, it depends on representation of the person that’s in trial, you know, and because I don’t have the financial status, I don’t feel like, you know, the person that is appointed to represent the person that’s convicted of the crime or that’s pending of the crime can get really a fair chance if he’s not, you know, represented hisself [sic] or he had a paid lawyer or something like that. That’s pretty much what I’ve determined.
THE COURT: How many trials have you had?
THE DEFENDANT: I was almost to go to trial in '07 for the theft of a person.
[858]*858THE COURT: How many trials have you had, none?
THE DEFENDANT: None, sir.
THE COURT: In every other case you’ve pled guilty?
THE DEFENDANT: Technically on that case right there in '07, I didn’t do it. I just copped out because I had nine months. They had sent me in here nine and a half months on something I didn’t do. I was prepared to go to trial, but I had nine months under my belt. They came with an offer of eight, I believe. That’s why I never been to state jail, sir.
THE COURT: The nine convictions you had, you’ve never had a jury trial?
THE DEFENDANT: No, sir.
THE COURT: The reason you want one now is because Mr. Ruzzo is not representing you properly?
THE DEFENDANT: I didn’t say that, sir. I feel confident more with the jury trial, sir.
THE COURT: So, your knowledge of the judicial system basically is what? How the trial works. Tell me how a trial works.
THE DEFENDANT: I’m pretty much just going to prove my innocence.
THE COURT: You can’t do that with Mr. Ruzzo as your lawyer?
THE DEFENDANT: I don’t have no confidence in him, sir.
THE COURT: Why not?
THE DEFENDANT: It’s like Mr. Ruz-zo or any other person, none of that applies. I don’t have any confidence in him for what he’s presenting in front of me in the past.
THE COURT: Why not?
THE DEFENDANT: It’s a lot of different reasons, you know. In part A of my dismissal motion for the court-appointed, I explain a few areas.
THE COURT: I don’t understand what the confidence is that you’re lacking in Mr. Ruzzo.
THE DEFENDANT: It’s a numerous amount of things, Your Honor. I mean, I’ve asked him to do, you know, a few things as far as, you know, the value of my rights in my case.
THE COURT: The value of your rights?
THE DEFENDANT: Yeah.
THE COURT: You were here the other day, Mr. Alford, and I heard probable cause as to how you came to be arrested and it’s basically you were arrested for public intoxication and the officer found drugs on you.
THE DEFENDANT: Your Honor—
THE COURT: Just listen to me. Go with me here.
THE DEFENDANT: Yes, sir.
THE COURT: The jury’s going to hear those facts. If you want to get on the witness stand and dispute all that, you can more than do that. You understand that? You’re going to be allowed to testify, if you want to. But what is it you expect from a lawyer? I don’t care how good the lawyer is to do anything against those facts?
THE DEFENDANT: Well, number one, I was just speaking to Mr. Ruzzo.

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Cite This Page — Counsel Stack

Bluebook (online)
367 S.W.3d 855, 2012 WL 1513700, 2012 Tex. App. LEXIS 3402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weylin-w-alford-v-state-texapp-2012.