John Lee Holley v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-97-00225-CR John Lee Holley, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT OF BURNET COUNTY NO. M10540, HONORABLE MARTIN MCLEAN, JUDGE PRESIDING John Lee Holley, appellant, pleaded guilty to the misdemeanor offense of driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West 1994 & Supp. 1998). Before the court accepted Holley's plea, Holley signed a document waiving his right to counsel. The trial court assessed punishment at thirty days' confinement, probated for one year, and a fine. In one point of error, Holley asserts that the trial court failed to make the proper inquiry into whether Holley waived his right to counsel knowingly, intelligently and voluntarily. See Johnson v. State, 614 S.W.2d 116, 119 (Tex. Crim. App. 1981). Holley contends that Johnson requires a court to admonish a defendant of the dangers and disadvantages of self representation before allowing him to proceed without counsel in order to assure that the waiver is knowing, intelligent, and voluntary. However, in its opinion on rehearing, the court of criminal appeals affirmed Johnson's conviction, concluding that when a misdemeanor defendant pleads guilty, the type of inquiry and admonishments required by Faretta v. California, 422 U.S. 806, 835 (1975), are not required as long as the waiver is otherwise knowing, intelligent, and voluntary. Johnson, 614 S.W.2d at 119 (opinion on reh'g); see Cooper v. State, 854 S.W.2d 303, 304 (Tex. App.--Austin 1993, no pet.); Garcia v. State, 909 S.W.2d 563, 565 (Tex. App.--El Paso 1995, pet. ref'd); Barras v. State, 902 S.W.2d 178, 180 (Tex. App.--El Paso 1995, pet. ref'd). The defendant in Johnson received information in writing and orally informing him of his right to counsel. Id. at 120. In the present case, the record establishes that in the written waiver of counsel he signed, Holley was likewise informed of his right to counsel and the dangers involved in representing himself. The trial court orally verified that Holley did not want counsel. There is no evidence in the record to the contrary, nor is there evidence Holley was intimidated or coerced into signing the waiver. We conclude that the record adequately shows appellant's waiver to have been made knowingly, intelligently, and voluntarily. Holley was not entitled to the active and complete inquiry into the waiver that he requests. Appellant's point of error is overruled, and the judgment of conviction is affirmed. J. Woodfin Jones, Justice Before Chief Justice Carroll, Justices Jones and Kidd; Chief Justice Carroll not participating Affirmed Filed: February 20, 1998 Do Not Publish