Walker v. State, 45194
| Decision Date | 08 November 1972 |
| Docket Number | No. 45194,45194 |
| Citation | 486 S.W.2d 330 |
| Parties | Claude WALKER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Weldon G. Holcomb, Tyler, for appellant.
Curtis L. Owen, Dist. Atty., Charles Crow, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction of driving while intoxicated, subsequent offense. A jury found the appellant guilty and the court assessed the penalty at two years.
Appellant contends that the trial court erred in allowing the use of a prior misdemeanor conviction as an element of the offense in that said judgment and sentence were void because appellant was not represented by counsel, was indigent, and did not waive right to counsel in that proceeding.
The Supreme Court of the United States held: 'Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972).
Copies of the judgment and sentence of the prior misdemeanor conviction used for enhancement were introduced at the guilt--innocence stage of the trial over appellant's objection. These records reflect that appellant was confined for three days in Smith County jail but they do not show that he was represented by counsel. The appellant was not allowed to testify in the presence of the jury concerning this prior conviction. He testified out of the presence of the jury that he was convicted on a plea of guilty in Cause No. 13,615 in Smith County, Texas, on August 29, 1958, that he was not advised of his right to counsel, that he was indigent, and that he could not afford an attorney and had he had the money he would have retained counsel. He also testified that he had to borrow money to pay the fine. There is no controverting evidence by the State.
The Supreme Court of the United States wrote:
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...possibility that imprisonment may be imposed. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972); Walker v. State, 486 S.W.2d 330 (Tex.Cr.App.1972); Ramirez v. State, 486 S.W.2d 373 This sentence is susceptible of misinterpretation. Let us examine the cases relied on f......
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...In Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972), that decision was given retroactive effect in Texas. See also Walker v. State, 486 S.W.2d 330 (Tex.Cr.App.1972). Then, in Ex parte Casarez, 508 S.W.2d 620 (Tex.Cr.App.1974), we held that where an accused's trial occurred prior to Argers......
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...conviction in the context of a direct appeal from an enhanced sentence imposed for a subsequent conviction. E. g., Walker v. State, 486 S.W.2d 330 (Tex.Cr.App.1972). But the Texas courts have not held that a prior conviction's validity may only be attacked in that context. Rather, the Texas......
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Ex parte Herrin, 52052
...that imprisonment may be imposed. See Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972); Walker v. State, 486 S.W.2d 330 (Tex.Cr.App.1972); Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972). However, a criminal defendant may waive his right to counsel if such waiver ......