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Gambles v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 18, 2007
No. 10-06-00195-CR (Tex. App. Jul. 18, 2007)

Opinion

No. 10-06-00195-CR

Opinion delivered and filed July 18, 2007. DO NOT PUBLISH.

Appeal from the 367th District Court Denton County, Texas, Trial Court No. F-2003-1696-E. Affirmed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Under a plea bargain on three theft counts, Phyllis Gambles was sentenced to two years in state jail and assessed a $500 fine, and the sentence was suspended for four years of community supervision. On the State's motion to revoke for Gambles's alleged violations of eight terms of community supervision, the trial court found all the allegations true, revoked Gambles's community supervision, and sentenced her to two years in a state jail facility. Raising two related issues, Gambles appeals. We will affirm. On August 4, 2005, Gambles's trial attorney filed a motion to withdraw, alleging that Gambles had refused to cooperate with him, had refused to pay him, and had failed to respond to him. The revocation hearing was held on August 11. Before the revocation hearing began, the trial court heard and denied the motion to withdraw, basing its decision in part on the trial court's history with Gambles's manipulation of settings by not having an attorney. In that hearing, her attorney also alternatively requested a continuance because he had not been in communication with Gambles until the day before. In her first issue, Gambles asserts that the trial court abused its discretion in denying her attorney's motion to withdraw by considering facts not in the record, namely, the trial court's consideration of its experience with Gambles in a prior case. We review a trial court's denial of a motion to withdraw for abuse of discretion. King v. State, 29 S.W.3d 556, 566 (Tex.Crim.App. 2000). Under that standard of review, we review the trial court's ruling in light of what was before the trial court at the time the ruling was made, and we must uphold the trial court's ruling if it was within the zone of reasonable disagreement. Weatherred v. State, 15 S.W.3d 540, 542 (Tex.Crim.App. 1990). In the hearing on the motion to withdraw, Gambles did not object to nor complain about the trial court's consideration of its history with Gambles, which is a prerequisite to presenting a complaint for appellate review. See TEX. R. APP. P. 33.1(a). Thus, Gambles's complaint was not preserved. Moreover, the trial court did not abuse its discretion, as Gambles offered no evidence in support of the motion to withdraw. Finally, we note that the right to counsel may not be manipulated so as to obstruct the judicial process or interfere with the administration of justice. King, 29 S.W.3d at 566. Gambles cites no authority that the trial court could not consider its prior dealings with her, and we are aware of none. The trial court did not abuse its discretion in denying the motion to withdraw. Issue one is overruled. In issue two, Gambles asserts that the trial court abused its discretion in denying her attorney's alternative oral motion for a continuance by considering facts not in the record. A criminal action may be continued on the defendant's written and sworn motion showing sufficient cause. TEX. CODE CRIM. PROC. ANN. arts. 29.03, 29.08 (Vernon 2006). We review a decision on a motion for continuance for abuse of discretion. Renteria v. State, 206 S.W.3d 689, 699 (Tex.Crim.App. 2006). An unsworn, oral motion for continuance presents nothing for appellate review. Dewberry v. State, 4 S.W.3d 735, 755 (Tex.Crim.App. 1999); Pierce v. State, 113 S.W.3d 431, 435 (Tex.App.-Texarkana 2003, pet. ref'd); see TEX. R. APP. P. 33.1(a). We overrule issue two. Having overruled both of Gambles's issues, we affirm the trial court's judgment.


Summaries of

Gambles v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 18, 2007
No. 10-06-00195-CR (Tex. App. Jul. 18, 2007)
Case details for

Gambles v. State

Case Details

Full title:PHYLLIS GANT GAMBLES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 18, 2007

Citations

No. 10-06-00195-CR (Tex. App. Jul. 18, 2007)