Court of Criminal Appeals of Texas

Alfonzo Gonzalez, Appellant v. the State of Texas

October 8, 20032003 Tex. Crim. App. LEXIS 532

Summary

The Texas Court of Criminal Appeals affirmed the lower appellate court, holding that the trial court did not abuse its discretion in disqualifying appellant's counsel under Rule 3.08 because the State demonstrated actual prejudice. The majority concluded that the defendant's Sixth Amendment right to counsel of choice is not absolute and may yield to the integrity of the judicial process. A dissent argued that the disqualification violated the Sixth Amendment and should be reversed.