HUGGINS, NOEL CHRISTOPHER v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. PD-0590-21

NOEL CHRISTOPHER HUGGINS, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT=S PETITION FOR DISCRETIONARY REVIEW
FROM THE TENTH COURT OF APPEALS
HILL COUNTY

KEEL, J., delivered the opinion of the Court in which KELLER, P.J., and
RICHARDSON, NEWELL, WALKER, SLAUGHTER, and MCCLURE, JJ., joined.
YEARY, J., filed a dissenting opinion. HERVEY, J., concurred.

OPINION

While representing himself, Appellant pled guilty to possession of

methamphetamine and was sentenced by the trial court to 18 years in prison. We

granted review to decide whether his right to counsel was violated. We hold that it was

not.

I. Overview
Huggins-Page 2

Appellant’s state-jail, possession charge was enhanced with two prior felonies.

Appellant doubted the validity of the enhancement allegations, and that doubt helped fuel

his on-again/off-again self-representation. He represented himself at the beginning and

the end of his case, but he was otherwise represented by two attorneys appointed in

succession during most of the approximately 22 months that his case was pending in the

trial court. After his trial date was reached during his second period of self-

representation and while a venire was standing by, he announced that he would plead

guilty and asked for representation again, but the trial court refused to appoint a third

attorney.

On appeal, Appellant argued that his two waivers of counsel were not made

knowingly and intelligently because the trial court did not admonish him about the

dangers and disadvantages of self-representation, and the trial court denied him his

statutory right to withdraw his waiver of the right to counsel under Code of Criminal

Procedure Article 1.051(h). Huggins v. State, 627 S.W.3d 549, 551 (Tex. App.—Waco

2021). The court of appeals said the trial court was not required to admonish Appellant

of the dangers and disadvantages of self-representation because he did not contest his

guilt. Id. at 552. The court then looked at whether Appellant’s waiver of counsel was

intelligent, knowing, and voluntary. Id. at 553. Based on the totality of the

circumstances, the court of appeals concluded that it was. Id. at 554.

Addressing Appellant’s request to withdraw his waiver of counsel on the cusp of

trial, the court of appeals said there were limits to a defendant’s right to withdraw his
Huggins-Page 3

waiver of counsel. Id. at 554-55 (citing Medley v. State, 47 S.W.3d 17 (Tex. App.—

Amarillo 2000)). The court of appeals followed Medley, which determined that a

defendant seeking to withdraw an earlier counsel waiver must meet the same

requirements as a defendant who seeks to withdraw a jury waiver. Medley, 47 S.W.3d at

24. Medley said the defendant has the burden to show that withdrawing the waiver will

not: (1) interfere with the orderly administration of the business of the court, (2) result in

unnecessary delay or inconvenience to witnesses, or (3) prejudice the State. Id. (citing

Marquez v. State, 921 S.W.2d 217, 223 (Tex. Crim. App. 1996)).

The court of appeals considered the circumstances surrounding Appellant’s

waivers of counsel and concluded that the trial court’s denial of the second withdrawal of

the counsel waiver was not outside the zone of reasonable disagreement. Huggins, 627

S.W.3d at 556. Appellant did not have the right to repeatedly alternate his position on

the right to counsel and to delay trial, and he did not meet his burden of showing that the

withdrawal would not interfere with the orderly administration of court business, result in

unnecessary delay or inconvenience, or prejudice the State. Id.

We granted review to decide what admonishments were required and whether the

statutory right to withdraw a waiver of counsel is absolute. We conclude that additional

admonishments about the dangers and disadvantages of self-representation were

unnecessary because Appellant was aware of those dangers and disadvantages. We also

hold that the statutory right to withdraw a waiver of counsel “at any time” is temporal and
Huggins-Page 4

not absolute. See Tex. Code Crim. P. art. 1.051(h). Consequently, we affirm the

judgment of the court of appeals.

II. Admonishments Depend on the Circumstances

A defendant need not have lawyerly skill or experience to competently and

intelligently choose to represent himself, but he should be made aware of the dangers and

disadvantages of self-representation. Faretta v. California, 422 U.S. 806, 835 (1975).

The admonishments required for self-representation depend on the circumstances,

“including the defendant’s education or sophistication” and the complexity or simplicity

of the charge. Iowa v. Tovar, 541 U.S. 77, 88 (2004). They also depend on the stage of

the proceedings and the assistance counsel can provide at that stage. Patterson v.

Illinois, 487 U.S. 285, 298 (1988). There is no formula or script that must be read to a

defendant who asserts his right to self-representation. Tovar, 541 U.S. at 88; see also

Blankenship v. State, 673 S.W.2d 578, 583 (Tex. Crim. App. 1984). But judges must

take an active role in assessing whether the defendant knowingly exercises that right.

Blankenship, 673 S.W.2d at 583.

In analyzing a defendant’s assertion of his right to self-representation, the focus is

not solely on whether the right to counsel was waived but also on whether the defendant

was aware of the dangers and disadvantages of self-representation. Goffney v. State, 843

S.W.2d 583, 585 (Tex. Crim. App. 1992). The trial judge should ensure that a

defendant’s choice to represent himself at trial is an informed one made with eyes open.

Faretta, 422 U.S. at 835. When Faretta wanted to represent himself at a jury trial, it was
Huggins-Page 5

sufficient to warn him that it was a mistake not to accept the assistance of counsel and

that he would be required to follow all the rules of trial procedure. Id. at 835-36. When

Tovar waived counsel and pled guilty at his arraignment, it was sufficient to warn him of

the nature of the charges against him, of his right to be counseled regarding his plea, and

of the range of potential punishment. Tovar, 541 U.S. at 81.

Under Article 1.051, a defendant may waive the right to counsel in writing. Tex.

Code Crim. P. art. 1.051(f). The trial court must advise him of the nature of the charges

against him, his right to counsel, his right to appointed counsel, and, if he is proceeding to

trial, the dangers and disadvantages of self-representation. Id. at 1.051(g). If the court

finds the waiver to have been made voluntarily and intelligently, then it shall provide him

with a statement memorializing the waiver. Id.

Article 1.051 specifies no script for the trial court to use in assessing the

voluntariness of the waiver of counsel. Rather, that assessment depends on the

defendant’s voluntary, knowing, and intelligent choice to represent himself. See, e.g.,

Tex. Code Crim. Proc. art. 1.051(f) (“A defendant may voluntarily and intelligently

waive in writing the right to counsel.”). But because defendants often vacillate about

how to plead and whether to pursue self-representation, the required admonishments can

be a moving target, as this case illustrates.

III. The Circumstances Here

Appellant’s indictment for state-jail-felony possession of methamphetamine was

enhanced with two prior felony convictions; if they were found true, he would face a
Huggins-Page 6

punishment range of two-to-twenty years in prison. One enhancement was for a rape

conviction in Utah, and the other enhancement was for failure-to-register-as-a-sex-

offender (“FTR”). The FTR was predicated on the Utah rape.

As detailed below, Appellant asserted and was granted his right to self-

representation twice; first at arraignment and second at a pretrial hearing held about four

weeks before his trial date. In between those two milestones, he was represented for a

cumulative total of about 21 months by two attorneys appointed and withdrawn in

succession.

April 5, 2017

At his April 5, 2017, arraignment, Appellant was on bond. After the trial court

explained that it had raised Appellant’s bond because of the enhancement paragraphs,

Appellant questioned the use of an out-of-state conviction for enhancement and elected to

“go pro se.”

THE DEFENDANT: I thought the enhancements only -- in the state of Texas
was only charges in the state of -- the state of Texas.

THE COURT: No. No, it’s anywhere else. So either way, this is a case
that’s now punishable as a second-degree felony, I think.

THE STATE: It is, Your Honor.

THE COURT: So it’s -- 2 to 20 is the potential.

THE DEFENDANT: Why does it jump two levels?

THE COURT: Because of the two prior convictions.
Huggins-Page 7

THE DEFENDANT: So it goes from a state jail past the third degree to a
second degree?

THE COURT: Yes, sir, if the State can prove those cases -- or those
convictions. So as far as a lawyer, are you going to apply –

THE DEFENDANT: I’m going to go pro se.

THE COURT: Okay. Let me get a form and fill that out, and I’ll visit with you
at the end of the docket then.

THE DEFENDANT: Can I go ahead and file a motion for the discovery, too, so I
can have it.

THE COURT: Once – yes, sir. You can file that any time you –

THE DEFENDANT: Yeah, I want to file it orally so I can get that within –
whatever it is, seven, ten days.

The trial court later called Appellant back to the bench to review the “high points”

of the written waiver of counsel. Those included his rights to (a) representation, (b)

appointed counsel, (c) a reasonable opportunity to hire an attorney, (d) self-

representation, and (e) withdrawal of waiver of counsel. The trial court elaborated on

the right to withdraw a waiver of counsel. “You can always go back and still seek either

court-appointed counsel or to hire counsel. This document is, like I said, binding on you

and the State only as long as you have not withdrawn it or as long as you have not

requested counsel, appointed or retained.”

The court also explained that the prosecutor could “not communicate with you at

all” before the waiver was signed. “That’s why they don’t talk to you.” The court told

Appellant to read the waiver, decide whether to sign it, and return it via the bailiff.
Huggins-Page 8

The waiver said that Appellant had been advised of the right to appointed counsel,

the right to represent himself in a criminal proceeding, “and the dangers and

disadvantages of self-representation.” On the form, Appellant further acknowledged

“that I have been fully advised of the right to counsel for purposes of entering a guilty

plea or proceeding to trial, and the Court has advised me of the nature of the charges

against me and, if I desire to proceed to trial, the dangers and disadvantages of self-

representation.”

After Appellant returned the signed waiver to the court, the trial court approved it

and said it would “let you all visit. And if you reach any resolution, let me know.” No

agreement was reached, however, and the court asked Appellant if he was going to

continue to represent himself. Appellant answered yes and continued:

[The prosecutor] explained to me that they would allow me to look at the
discovery here, make copies of it, and if I have a video player, I can bring it
here and watch it. So this case is very extensive. It is 2 to 20. I think it
warrants me to have disclosure in my person so I can be able to obtain it, go
to the law library, and represent myself in a fair manner. Just like if an
attorney was representing me, he would have the copy, too. I have a copy
of the disclosure from my last case in my own possession, so it does
happen. I do know that.

The prosecutor offered a clarification about watching the video—Appellant did

not need his own computer—and asked for return of copies of any documents discovered

in a previous case because attorneys “are not supposed to provide copies to the clients.”

Appellant said a prosecutor—not a defense attorney—had given him “the DVD and

everything.” Appellant asked about making an appointment for discovery, and the
Huggins-Page 9

prosecutor offered to show him the video, lab report, and offense report in court right

then. “We can provide complete discovery to him to review right now.” Appellant

responded, “So that’s on the record that I was denied the discovery? … I mean in my

possession so I can represent myself like a real attorney.” But the court said formal

discovery would be addressed on May 3.

May 3, 2017

At the next hearing, Appellant said he still wished to represent himself and orally

moved for a speedy trial. The trial court asked if he had filed any pretrial motions and

Appellant said, “I’m still trying to figure it out, man. I need – I’m trying to figure out how

to file about the indictment for the enhancement phase. I only have one charge in the state

of Texas. They’re using other charges from other states, which I don’t think is correct.”

The trial court told Appellant that was permitted under Texas law.

The trial court again informed Appellant of the 2-to-20-year punishment range and

observed, “So it’s a fairly serious matter. It doesn’t matter to me if you want to represent

yourself, but I don’t advise it.” Appellant replied, “I don’t advise it either, but I haven’t –

I ain’t got the money to hire a real attorney, and I have had numerous shady dealings with

the public defender’s office and this county.” The trial court told Appellant that the court

appoints the same attorneys whom people hire and that he could apply for court-appointed

counsel, hire counsel, or represent himself.

June 21, 2017
Huggins-Page 10

Appellant made his first request for counsel at the next pretrial hearing on June 21,

2017. He explained that he had recently “gotten clean,” was going to college full time,

and was trying to get his life in order. He told the court that he was going to “go through

the proper stages and try to handle this appropriately and more efficiently.” The court

appointed him a lawyer. But Appellant soon thereafter sent a letter informing the court

that he had fired his attorney and wished to return to represent himself. His first

attorney’s motion to withdraw was granted in April 2018, and his second attorney was

appointed at the same time.

January 16, 2019

The next pretrial hearing began with the question of whether Appellant wanted the

second appointed attorney to continue to represent him or wanted to proceed pro se. The

question was prompted by two things: Appellant’s pro se motion filed in December

2018 seeking a reduction of the FTR conviction to a state jail felony and a disagreement

between Appellant and his attorney about enhancement law. Appellant explained that he

had represented himself in the 2014 FTR case and had pled guilty to the third-degree

offense, but he believed the FTR should have been a state jail felony and thus unavailable

to enhance his possession charge. He said he “needed a legal understanding” because he

“went pro se” in the FTR case. The judgment confirms that he represented himself in

the FTR case.

The trial court tried to explain the enhancement law and procedure to Appellant

and asked him again if he wanted to represent himself. Appellant responded, “No. I
Huggins-Page 11

mean, you – you don’t say that a fool represents himself.” The judge replied, “I’m not

going to represent myself when I get in trouble.” Appellant did not want to fire his

appointed counsel. “I have never said I wanted Mr. Hill fired.” But soon he would say

so.

The prosecutor and the defense attorney then argued the merits of Appellant’s

motion, and after Appellant intervened, the judge explained that he could not go back and

undo his third-degree felony FTR conviction because “that ship sailed 30 days after you

pled on it and didn’t appeal it.” Eventually, the judge told Appellant that he was not

entitled to a hybrid defense, and he would listen to only one person, and that person was

not Appellant, prompting Appellant to say he would fire his attorney. The judge did not

respond to that but instead listened to the attorney argue Appellant’s motion.

February 7, 2019

On February 7, 2019, defense counsel presented a motion to withdraw because

Appellant wanted to represent himself. Appellant confirmed that was the case. The

trial court replied, “All right. You understand that, just as we’ve done here, the Court

appointed you a lawyer and found that you were indigent, and that just as the Court will

appoint you a lawyer, the Court will let you represent yourself, as long as that’s the

decision that you are making, so we will proceed with getting a . . . written Waiver of

Counsel and get it to you in just a minute.”

Before the waiver was presented to him, Appellant asked about the next setting.

“Are we going to continue this to March 7th?” The prosecutor started to say the case
Huggins-Page 12

was set for trial in March, but Appellant wanted a continuance. “I don’t want to sign for

trial yet because I want to be able to file some motions with the Court.” The trial court

said there was plenty of time for motions, but Appellant explained, “Well, I’m not an

attorney, so it’s going to take me a minute.” The trial court started to say that “the first

thing we’ve got to do[,]” but Appellant asked whether his “writ of certiori [sic] had been

granted.” He elaborated, “I sent a writ of habeus [sic] corpus in last week to Angelia

Orr, the clerk of the Court.” The judge said he would check the file.

The prosecutor announced the case was set for trial on March 11, and Appellant

said he would not be ready because he was “going to file an appeal to the motions to the

appellate court.” The trial court then presented him with the waiver of counsel.

Although he said he had read it before, the record indicates that he read it again, and then

the trial court said he could proceed on his own.

March 1, 2019

On March 1, 2019, the parties discussed the State’s motion to amend the

indictment to correct the offense date, delete surplusage, and correct the title of one of the

enhancement offenses. Appellant objected and said he had no idea what they were

talking about. He requested a copy of the indictment signed by the grand jury foreman

and asked the court to get it to him that day so he would have it ten days before trial.

March 11, 2019

On the day of trial, outside the presence of the venire, the judge asked Appellant if

he wanted to change out of jail clothes and have the shackles removed for trial.
Huggins-Page 13

Appellant responded that he wanted to waive his right to a jury and plead guilty, and he

did not want to go to the jury for punishment. He complained that he had not received a

copy of the indictment and that it had not been ten full days since the last pretrial hearing,

but he still wished to plead guilty in open court. The court informed him of his right to

appeal and his right to appointed counsel for an appeal:

THE COURT: Do you understand all of that?

THE DEFENDANT: Yes. What about having an attorney right now?

THE COURT: You’ve already made a choice not to have an attorney.

THE DEFENDANT: This is like way above my pay grade.

THE COURT: I tried to tell that [to] you twice. You didn’t listen to me.

THE DEFENDANT: So I can’t have an attorney now?

THE COURT: No, sir, not at this stage. But you can certainly appeal,
based on the fact that you didn’t have one, if you want to.

Appellant pled guilty to possession, pled “true” to the Utah rape enhancement

paragraph, and “not true” to the Texas FTR enhancement paragraph. The State

explained the paperwork to Appellant, and the trial court confirmed Appellant’s

understanding of the punishment range, his plea of guilty, and his rights to a jury trial and

an appeal.

March 12, 2019

At the punishment hearing the following day, Appellant refused to be

fingerprinted. He said he needed an attorney because he did not understand what the
Huggins-Page 14

fingerprints would be used for, he did not want to give evidence against himself, and he

wanted to know his rights.

THE COURT: Mr. Huggins, I gave you two attorneys. You got rid of
both of them. You waited until I had 61 people – actually, I started with
71 people in this courtroom and decided you didn’t – suddenly then you
wanted to plead guilty because you wanted to jack the system around.

THE DEFENDANT: I don’t want to jack the system around.

THE COURT: I went ahead and went along with it. State waived its
right to a jury trial. You waived your right to a jury trial. Guilt/innocence
is over with; we’re now going into punishment.

THE DEFENDANT: Nobody has told me what the fingerprints are for, so
I need an attorney to advise me of my rights, if I have to do this or if I have
to go through it.

THE COURT: You have to do it.

Appellant’s fingerprints were taken, and the court heard his opening statement about the

unavailability of the FTR conviction for enhancement.

Throughout the punishment hearing Appellant claimed he did not know what he

was doing or what was going on, but he cross-examined the State’s witnesses, lodged

various objections, and responded to the State’s objections. He again claimed he needed

an attorney to prove that the FTR conviction should not have been a third-degree felony,

but the trial court reminded Appellant that his second appointed counsel had made that

same argument, and the trial court had read the filings on that issue. While cross-

examining the registrar for sex offenders and arguing that the second enhancement
Huggins-Page 15

paragraph was not true, Appellant said, “Again -- again, I have to extremely object that I

do not have an attorney.”

After the State rested, the trial court asked Appellant if he wished to testify or

present any witnesses.

THE COURT: If you’d like to testify, you can testify. Keep in mind that
once you come here and testify, the entire -- your entire life history is an
open book, but it doesn’t matter to me.

THE DEFENDANT: See, I’m telling you, Your Honor, I need an attorney
because –

THE COURT: Mr. Huggins, I gave you two lawyers.

THE DEFENDANT: I understand that.

THE COURT: You fired them both. You didn’t want them. They didn’t
run your case the way you wanted it run.

THE DEFENDANT: Now, I’m raising my hand in court and saying this is
above my pay grade and my rights right now are not being protected.

THE COURT: Well, and –

THE DEFENDANT: And I’m asking for a lawyer because it -- it -- it
clearly -- this is clearly a setup of some kind.

THE COURT: Hold it. Hold it. You told me you wanted to proceed
without a lawyer and now it’s a setup?

Appellant continued to argue that the second enhancement paragraph was not true;

he said Utah’s ten-year sex offender registration requirement should have applied, and he

should not have been subject to lifetime registration in Texas, so his FTR should not have

been a third-degree felony.
Huggins-Page 16

THE COURT: I understand exactly what you think the law ought to be
and exactly what your position of it is and I’ve got a feeling that’s why two
different lawyers aren’t in here, but that’s between and you them [sic]. I
don’t know. I don’t ask them. None of my business. So what do you
want to do at this time on this case, as far as whether you want to testify or
not?

THE DEFENDANT: All I can say at this point, Your Honor, is I want an
attorney.

THE COURT: Okay. Well, I’m going to get you an attorney when we
get finished. But I gave you two, and I did everything I could. I told you
over the years, all the way back to sometime in 2017, that you need to be
represented by a lawyer, and you didn’t like who I provided. I gave you
lawyers that had over 60 years of trial experience, probably closer to 70,
and you didn’t like it so . . .

THE DEFENDANT: It wasn’t I didn’t like it. Texas law [Code of
Criminal Procedure Article] 62.052 says I have to rely on my registration
from Utah. It’s a 10-year anniversary. It’s a state jail felony.

THE COURT: All right. I understand. I’ll take argument in just a
minute. Is that where we’re going at this point is to argument?

THE DEFENDANT: Yes. I guess at this time, on record, I’m not going
to testify.

At the end of his summation, Appellant said,

There was no sense going to the trials because I was guilty. I’m not
denying that. But during the penalty phase, I was just really stuck on my
registration for 10 years. In 10 years, I’m done. It doesn’t matter what
state I’m in. It don’t matter if I’m in the State of Texas or if I’m in the
State of Florida or Utah.

The trial court found the enhancement paragraphs true and sentenced

Appellant to 18 years.

IV. What Admonishments Were Required Here?
Huggins-Page 17

By the time Appellant asserted his right to self-representation the second time, he

had represented himself briefly at the beginning of the case, he had been represented by

two attorneys appointed in succession, his case was set for trial, and he had repeatedly

challenged the legitimacy of the FTR enhancement paragraph. By that point, the record

showed that he was literate, had represented himself before, and was aware of the dangers

and disadvantages of self-representation in his enhanced case.

In May 2017:

• the trial court challenged Appellant’s understanding about the availability of
the Utah prior as an enhancement, advised him of the 2-to-20 range of
punishment, said it was “a fairly serious matter” and advised against self-
representation;

• Appellant agreed with that advice but said he had no money for “a real
attorney” and expressed misgivings about accepting appointed counsel given
his prior “shady dealings” with the “public defender’s office” and the county;

• he admitted that he was “still trying to figure out” pretrial motions;

• he described his case as “extensive” with a punishment range of 2-20 and one
that warranted his personal possession of discovery because “if an attorney was
representing me, he would have the copy,” and he had possessed discovery
when he represented himself before.

In June 2017:

• Appellant asked for and was appointed a lawyer;

• he explained he was attending college, had “gotten clean,” was trying to get his
life in order;

• but he soon wrote to the court saying he had fired his attorney and wanted to
represent himself again;

In January 2019:
Huggins-Page 18

• the trial judge said that he was not going to represent himself when he got in
trouble;

• Appellant equated “a fool” to one who represents himself; and

• he said he “needed a legal understanding” because he had represented himself
in the FTR case, suggesting that he knew that he lacked such an understanding.

In February 2019 before signing the waiver of counsel:

• Appellant acknowledged that he was at a disadvantage—filing motions would
“take [him] a minute” because he wasn’t an attorney; and

• he was not ready for trial.

The record thus shows that Appellant waived counsel with eyes open; he knew he

was slower than a lawyer, that self-representation was foolish, and his case was “fairly

serious” and “extensive”; he was having a hard time figuring out how to challenge the

enhancement paragraph; when he represented himself before he had lacked “a legal

understanding;” and he was not ready for his imminent trial. But even knowing all that,

he chose to fire his second appointed attorney and represent himself. The trial court’s

failure to spell out the dangers and disadvantages of self-representation in greater detail

was of no moment; Appellant already knew them. The court of appeals was correct that

additional admonishments were unnecessary in this case, but it was Appellant’s

awareness of the dangers and disadvantages of self-representation, as reflected in the

record—and not his late-stage guilty plea—that rendered them unnecessary. 1

1
Under other circumstances, additional admonishments may be required, and in an abundance of caution,
trial courts may want to give them just in case. For example, a trial court could admonish a defendant
who is considering self-representation that he would be required to adhere to evidentiary and procedural
Huggins-Page 19

V. Is the right to withdraw a waiver of counsel under Article 1.051(h) absolute?

Article 1.051 allows a defendant to withdraw his waiver of counsel “at any time”:

(h) A defendant may withdraw a waiver of the right to counsel at any time
but is not entitled to repeat a proceeding previously held or waived solely
on the grounds of the subsequent appointment or retention of counsel. If
the defendant withdraws a waiver, the trial court, in its discretion, may
provide the appointed counsel 10 days to prepare.

Tex. Code Crim. Proc. art. 1.051(h). Appellant argues that the statute gave him an

absolute right to withdraw his waiver of counsel just before voir dire began. He points

out that the statute prohibits repetition of a proceeding already held or waived and grants

discretion to the trial court in allowing newly appointed counsel more time to prepare and

argues that courts may not engraft additional restrictions onto it. McClintock v. State,

541 S.W.3d 63, 66 (Tex. Crim. App. 2017). We disagree with Appellant’s reading of

the statute. Its plain language promotes the efficient administration of justice and

prevents delay, but Appellant’s interpretation would sometimes sacrifice these goals for

the sake of indulging a defendant’s vacillations.

The statute says, “at any time” and not “under any circumstances.” The

Legislature uses those phrases to mean what they say. E.g., Tex. Code Crim. Proc. art.

29.02 (“A criminal action may be continued by consent of the parties thereto, in open

court, at any time on a showing of good cause, but a continuance may be only for as long

rules. Johnson v. State, 760 S.W.2d 277, 279 (Tex. Crim. App. 1988). A trial court could tell a
defendant that he would not later be heard to complain about the ineffectiveness of his self-representation.
Faretta, 422 U.S. at 834 n.46, 835. Or a trial court could ask about a defendant’s background and
experience to determine whether his waiver of counsel was knowing and intelligent. See, e.g.,
Blankenship, 673 S.W.2d at 583.
Huggins-Page 20

as is necessary”); id. art. 45.058(e) (“a child may not, under any circumstances be

detained in a place of nonsecure custody for more than six hours”). If it had meant to

allow a defendant to withdraw his waiver of counsel under any circumstances, the

Legislature would have said so.

Reading “at any time” to mean “under any circumstances” would sometimes

nullify the trial court’s discretion to deny additional preparation time to new counsel

because adequate preparation time is fundamental to the right to effective assistance.

See Powell v. Alabama, 287 U.S. 45, 71 (1932) (holding that the duty to provide counsel

is not fulfilled “by an assignment at such a time or under such circumstances as to

preclude the giving of effective aid in the preparation and trial of the case.”). In cases

like this one, where Appellant sought to withdraw his waiver of counsel for a second time

on the cusp of trial, the trial court would have had no real discretion to deny additional

preparation time to a newly appointed attorney. See id. at 59.

A defendant may not use his right to counsel to manipulate the court.

Culverhouse v. State, 755 S.W.2d 856, 861 (Tex. Crim. App. 1988). “[A]n accused’s

right to represent himself or select his own counsel cannot be manipulated so as to

obstruct the orderly procedure in the courts or to interfere with the fair administration of

justice.” Webb v. State, 533 S.W.2d 780, 784 (Tex. Crim. App. 1976). Appellant’s

reading would enable such manipulation.

The trial court was not required to unconditionally accommodate Appellant’s

vacillations between counseled and self-representation. See, e.g., McKaskle v. Wiggins,
Huggins-Page 21

465 U.S. 168, 183 (1984) (“A defendant does not have a constitutional right to

choreograph special appearances by counsel.”). Appellant asserted his right to self-

representation, then asserted his right to counsel, then waived his right to counsel and

again asserted his right to self-representation. The record reflects that, by the time

Appellant waived counsel a second time, he did so knowingly and voluntarily. The

record also supports the trial court’s finding that when Appellant asked to withdraw his

counsel waiver a second time, he was trying to “jack the system around.” Under these

circumstances, it was within the trial court’s discretion to reject Appellant’s request.

VI. Conclusion

The admonishments required for self-representation depend on circumstances such as

the complexity of the case, the stage of the proceedings, and the background of the

defendant. Because the record shows Appellant was aware of the dangers and

disadvantages of self-representation, and his waiver of counsel was knowing, voluntary,

and intelligent, the warnings given were sufficient under the circumstances of this case.

The statutory right to withdraw a waiver of counsel under Code of Criminal

Procedure Article 1.051(h) “at any time” does not mean under any circumstances. The

trial court did not abuse its discretion in denying Appellant’s second request to withdraw

his waiver of counsel on the cusp of trial.

The judgment of the court of appeals is affirmed.

Delivered: September 6, 2023
Huggins-Page 22

Publish