Legal Opinion

Fernandez v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided February 25, 2009No. 04-07-00461-CRPublishedCited by 11 opinions

1Opinion of the Court

OPINION

PHYLIS J. SPEEDLIN, Justice.

Jose Alberto Fernandez, Jr. appeals his conviction for evading arrest, asserting the trial court erred in permitting him to represent himself at trial without the proper admonishments and without a valid waiver of the right to counsel. We reverse the trial court’s judgment and remand for a new trial.

BACKGROUND

On the evening of February 18, 2006, Fernandez was involved in an altercation at a bar. Upon responding to a “fight in progress” call, the police discovered that Fernandez had already left the bar. Fernandez was driving toward his home when two patrol…

2Cases cited12 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Collier v. StateCourt of Criminal Appeals of Texas · 1997

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Ace Lee Monasco v. State, Texas Court of Appeals, 6th District (Texarkana)2010
  2. Ace Lee Monasco v. State, Texas Court of Appeals, 6th District (Texarkana)2010
  3. Anthony Roy Mickens v. State, Texas Court of Appeals, 4th District (San Antonio)2011
  4. Barski, Christopher AnthonyCourt of Appeals of Texas · 2015
  5. Bobby Cortez v. State, Texas Court of Appeals, 8th District (El Paso)2014

6 more not listed; retrieve them via the Exa API.

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