Green v. State

In his second ground of error, appellant asserts error in the trial court’s proceeding to trial less than ten days after the appointment of counsel. Article 26.04(b), Vernon’s Ann.C.C.P. provides:

“The appointed counsel is entitled to ten days to prepare for trial, but may waive the time by written notice, signed by the counsel and the accused.”

The trial judge signed an order appointing Mr. Shepherd counsel on December 17, 1982, the day of trial. The docket sheet from the court reflects that on December 7, 1982, “D’s attorney unable to attend re-set for Thursday Dec. 9, 1982.” On December…