Cole v. State

In Cole v. State, 929 S.W.2d 102, 102-03 (Tex. App.--Beaumont 1996, pet. ref'd) the trial court dismissed Cole's court-appointed counsel and allowed Cole to defend himself. Cole had his court-appointed counsel dismissed so that he could defend himself. At the close of voir dire, Cole changed his mind and advised the court that he desired the assistance of counsel. Id. The trial court appointed Cole's prior attorney to represent him and then recessed the trial for approximately two days. Id. On appeal, Cole contended that the trial court did not give his appointed counsel 10 days to prepare. Id. The court of appeals stated that according to the plain language of article 1.051(h), an attorney who is appointed to represent a defendant who has withdrawn a previous waiver of counsel is not automatically entitled to ten days to prepare for trial." Instead, the decision to give counsel the ten-day preparation period is left to the discretion of the trial court. Of course, the discretion to provide the ten-day preparation period necessarily includes the discretion to refuse it.Id.