Gollihar v. State

I respectfully dissent to the overruling of appellant’s second ground of error. For the reasons hereinafter stated, I would sustain appellant’s second ground of error to the extent hereinafter set out. In my view, the decision of the Supreme Court of the United States in Evitts v. Lucey, 469 U.S. -, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985) mandates the disposition I would make of this appeal.

The indictment in this case was returned on January 25, 1984. On March 13, 1984, appellant executed an affidavit of inability to employ counsel and, on that day, an attorney was appointed to represent him. On…