Estrada v. State, 39651

Decision Date01 June 1966
Docket NumberNo. 39651,39651
Citation406 S.W.2d 448
PartiesTeodora ESTRADA, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

O. W. Sternberg, Waco, counsel on appeal, for appellant.

W. E. Coats, Dist. Atty., Tyler, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Judge.

The offense is burglary; the punishment, 6 years.

Appellant's amended motion for new trial was overruled and he was sentenced and gave notice of appeal on January 3, 1966.

The record before us consists of a transcript, a statement of facts adduced on the trial and a statement of facts on motion for new trial.

While the procedure in Art. 40.09, Vernon's Ann.C.C.P., 1965, relating to the preparation and approval of the record on appeal and the filing of briefs in the trial court assigning error was not complied with, the sole ground relied upon in appellant's brief filed in this court is that he was compelled to go to trial with court appointed counsel, and without counsel of his choice, in violation of the rights guaranteed him under the 4th, 5th, 6th and 14th Amendments of the Constitution of the United States.

The facts relating to such claim are before us in the statement of facts approved by the trial judge, and the unassigned error may be reviewed by this court. Art. 40.09 C.C.P., Sec. 13.

The record shows the following:

The indictment was returned March 4, 1965 and copy was served on appellant on March 6, 1965.

On July 26, 1965, appellant appeared in court and reported that he had employed Hon. Weldon Holcomb, of Tyler, to represent him. Mr. Holcomb had received no fee and advised the court that he did not represent appellant and the case was passed. On October 18, 1965, appellant was brought from the penitentiary on a bench warrant at which time the court appointed Hon. Jack Norwood, former Assistant Criminal District Attorney of Smith County and former Assistant Attorney General of Texas, to represent appellant and the case was passed on motion of the appellant and reset for trial November 29, 1965.

During the week prior to November 29, 1965, Hon. O. W. Sternberg, a practicing attorney of Waco, contacted the Criminal District Attorney of Smith County and advised him that the family of appellant had employed or was considering employing him to represent appellant and indicated that he had some conflicts and agreed to contact his friend Hon. Martin Sammons, Tyler attorney, and ask him to be present at the call of the docket on November 29 to make an announcement of ready. He...

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25 cases
  • Wallace v. State
    • United States
    • Texas Court of Criminal Appeals
    • July 1, 1981
    ...to counsel may not be manipulated so as to obstruct the judicial process or interfere with the administration of justice, Estrada v. State, Tex.Cr.App., 406 S.W.2d 448; Rodriguez v. State, Tex.Cr.App., 530 S.W.2d 944, and there is no suggestion that counsel in this case compromised himself ......
  • McClure v. State, 62125
    • United States
    • Texas Court of Criminal Appeals
    • July 14, 1982
    ...raised when "the facts relating to such claim are before us in the statement of facts approved by the trial judge," Estrada v. State, 406 S.W.2d 448, 449 (Tex.Cr.App.1966), especially if deprivation of a constitutional right had been somehow asserted: McClellan v. State, 413 S.W.2d 391, 392......
  • Webb v. State
    • United States
    • Texas Court of Criminal Appeals
    • February 25, 1976
    ...courts or to interfere with the fair administration of justice. 3 Thompson v. State, 447 S.W.2d 920 (Tex.Cr.App.1969); Estrada v. State, 406 S.W.2d 448 (Tex.Cr.App.1966). Thus, an accused may not wait until the day of trial to demand different counsel or to request that counsel be dismissed......
  • Hammett v. State
    • United States
    • Texas Court of Criminal Appeals
    • February 28, 1979
    ...to either to obstruct the orderly administration of justice. See Rodriguez v. State, 530 S.W.2d 944 (Tex.Cr.App.1975); Estrada v. State, 406 S.W.2d 448 (Tex.Cr.App.1966). Conceding that appellant should be heard on the question of what expert is to be appointed, the court must have the ulti......
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