From Casetext: Smarter Legal Research

Hinojosa v. State

Court of Appeals of Texas, Third District, Austin
Aug 10, 2005
No. 03-05-00257-CR (Tex. App. Aug. 10, 2005)

Opinion

No. 03-05-00257-CR

Filed: August 10, 2005. DO NOT PUBLISH.

Appeal from the County Court of Mcculloch County, No. 9452, Honorable Randy Young, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.


MEMORANDUM OPINION


Appellant John Hinojosa was convicted for possessing less than two ounces of marihuana, sentenced to 180 days in jail and a $2000 fine, and placed on community supervision. See Tex. Health Safety Code Ann. § 481.121 (West 2003). The trial court later revoked supervision, reduced the term of incarceration to 120 days, and imposed sentence. In two points of error, appellant urges that the judgment of conviction and order revoking supervision must be reversed because he was not represented by counsel at his trial. See Alabama v. Shelton, 535 U.S. 654, 657 (2002). The record reflects, however, that appellant waived his right to counsel in writing after being informed by the court that he had a right to counsel and that counsel would be appointed if he was indigent. The points of error are overruled. The order revoking community supervision is affirmed.

Appellant had counsel at the revocation hearing.


Summaries of

Hinojosa v. State

Court of Appeals of Texas, Third District, Austin
Aug 10, 2005
No. 03-05-00257-CR (Tex. App. Aug. 10, 2005)
Case details for

Hinojosa v. State

Case Details

Full title:JOHN HINOJOSA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 10, 2005

Citations

No. 03-05-00257-CR (Tex. App. Aug. 10, 2005)