Robert Lee Malcom, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the conviction, rejecting the appellant's three asserted errors. It held that the trial court did not err in denying the motion to dismiss court‑appointed counsel, did not require a hearing on that motion, and did not violate Article 28.01, V.A.C. C.P. by overruling the motion without the appellant present. Justice Odom dissented, arguing that the overruling constituted a proceeding requiring a hearing and that the appeal should be abated.