Opinion
No. 07-02-0254-CR.
May 5, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
From the 364th District Court of Lubbock County, No. 93-416,191.
Before BRIAN QUINN and REAVIS, JJ. and BOYD, S.J.
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. § 75.002(a)(1) (Vernon Supp. 2003).
Memorandum Opinion
Appellant Tony Romo, Jr. appeals the revocation of his probation for the offense of securing execution of a document by deception. Via two issues, he contends 1) the trial court erred in failing to suppress his confession which allegedly was obtained in violation of his "right to counsel . . . at every significant stage of a criminal proceeding after counsel ha[d] been appointed," and 2) the trial court erred in taking judicial notice of the testimony in another criminal proceeding involving him. We affirm the judgment. Background On November 30, 1993, appellant pled guilty to the offense of securing execution of a document by deception for which he received eight years confinement. However, his sentence was suspended, and he was placed on probation for eight years. On October 14, 1998, the probationary period was extended to November 29, 2003. In May 2000, the State filed an application to revoke appellant's probation which was amended on February 26, 2001, and again on May 1, 2001. An attorney was appointed on June 21, 2000, to represent appellant on the application to revoke his probation. Meanwhile, several robberies had occurred in the Lubbock, Texas area for which the police believed appellant to be responsible. On the basis of an outstanding warrant for appellant arising from the application to revoke his probation, the police arrested appellant and took him to the station. They gave him his Miranda warnings and began questioning him about the robberies as opposed to matters encompassed in the pending motion to revoke probation. During the interrogation, appellant voluntarily waived his right to have counsel present and then admitted to committing various burglaries. The State subsequently indicted him for one of those offenses in Cause No. 2001-436,194 which was then used as a basis to revoke his probation. Appellant moved to suppress his confession contending it was in violation of his Sixth Amendment right to counsel, and that motion was denied.
The Sixth Amendment to the Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." U.S. Const. amend. VI.