Robert Lee Coleman v. The State of Texas--Appeal from County Court at Law of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-96-069-CR

ROBERT LEE COLEMAN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law

Coryell County, Texas

Trial Court # 95-40024

O P I N I O N

A jury convicted the appellant, Robert Lee Coleman, of driving while intoxicated, and the trial court assessed punishment at 180 days' incarceration in the Coryell County Jail. Tex. Penal Code Ann. 49.04 (Vernon 1994 & Supp. 1997). Coleman, who appeared at trial pro se, brings three points of error on appeal: (1) the trial court erred in failing to admonish him of the dangers of representing himself; (2) the trial court erred in permitting a private attorney to prosecute the case on behalf of the State; and (3) the trial court erred in substituting an alternate juror for a dismissed one after the jury had been empaneled. We will address only Coleman's first point of error.

When a defendant represents himself in a criminal matter, the trial court must advise him of the dangers and disadvantages of self-representation. Goodman v. State, 591 S.W.2d 498, 499 (Tex. Crim. App. 1979) (on rehearing); see also Tex. Crim. Proc. Code Ann. art. 1.051(g) (Vernon Supp. 1997). The trial court must warn the defendant of the wisdom and practical consequences of self-representation. Goodman, 591 S.W.2d at 499. Error requiring reversal results when the admonishments do not appear in the record. See Johnson v. State, 760 S.W.2d 277, 279 (Tex. Crim. App. 1988); see also Carnley v. Cochran, 369 U.S. 506, 516, 82 S. Ct. 884, 890 (1962) (decided under U.S. Const. amend. XIV).

We have examined the record, and there is no indication that Coleman was advised in any manner by the trial court of the risks in proceeding at trial pro se. Therefore, we sustain Coleman's first point of error.

The judgment is reversed, and the cause remanded to the trial court for further proceedings consistent with this opinion. //

BOBBY L. CUMMINGS

Justice

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Reversed and remanded

Opinion delivered and filed April 2, 1997

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