Rubalcado v. State

in which PRICE, WOMACK, KEASLER, HERVEY, COCHRAN and ALCALA, JJ., joined.

Appellant, arrested pursuant to an Ector County complaint, made bail and was released from incarceration. Afterwards, at the behest of Midland County law enforcement, the complaining witness in the Ector County case contacted appellant and elicited incriminating statements from him. The question before us is whether appellant’s Sixth Amendment right to counsel was violated when these statements were later used as primary evidence of guilt in the Ector County case. We conclude that appellant’s right to counsel was…