I'm in the middle of trial. I intend to introduce defendant's misdemeanor convictions during punishment. Our former County Judge never allowed people to have attorneys appointed in misdemeanor court. As a result, defense attorney is now trying to argue that the misdemeanors cannot come in because defendant had a right to an attorney and was not afforded one. Two of the misdemeanors resulted in County Jail sentences. One resulted in probation. Is anyone aware of caselaw that would help me get these in?

Bethany

"When the claim is that the prior conviction is void because obtained in violation of defendant's right to counsel, recitations in the judgment and sentence that the defendant appeared with counsel suffice to create a rebuttable presumption that defendant was represented.[FN7] That presumption can be rebutted, but it requires more than merely the defendant's testimony to effect a rebuttal.[FN8] The same rules apply when the claim is that the prior conviction was obtained without proper waiver of trial by jury.[FN9]"

43 TEX PRACTICE � 38.151; see also De La Garza v. State, No. 13-03-350-CR, 2005 WL 1367395 at *2 (Tex.App. - Corpus Christi June 9, 2005, pet. ref'd) ("a trial court is not required to admonish a misdemeanor defendant of the dangers and disadvantages of self-representation when he appears without an attorney to plead guilty.")