CourtListener 10592640•Juan Manuel Casares v. the State of Texas
Juan Manuel Casares v. the State of Texas
CourtListener 10592640Txctapp1322.05.2025
Gesamter Gesetzestext
NUMBER 13-23-00561-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JUAN MANUEL CASARES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 83RD DISTRICT COURT
OF VAL VERDE COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and Fonseca
Memorandum Opinion by Justice Silva
A jury found appellant Juan Manuel Casares guilty of two counts of indecency with
a child by sexual contact, second-degree felonies. See TEX. PENAL CODE ANN. § 21.11(a),
(d). The jury also found the State’s habitual-felony-offender enhancement allegations
true, see id. § 12.45(d), and assessed punishment at forty years’ imprisonment for each
count, with the sentences to be served consecutively. By three issues, Casares argues
that (1) the trial court erred when it failed to sua sponte conduct an informal inquiry into
his competency to stand trial, (2) the trial court erred when it denied his court-appointed
counsel’s motion to withdraw from representing Casares, and (3) that he suffered from
ineffective assistance of counsel. We affirm.
I. BACKGROUND 1
A. Competency to Stand Trial
On November 30, 2018, Casares was indicted on two counts of indecency with a
child by sexual contact involving complainants “Jennifer” and “Paula.” 2 On February 21,
2019, Casares’s court-appointed defense counsel Jad Harper filed his first motion
suggesting that Casares was incompetent to stand trial and requesting an examination.
On February 25, 2019, the trial court ordered Dr. Jarvis Wright to conduct a psychological
examination of Casares for competency to stand trial. On June 27, 2019, Wright filed his
report finding Casares incompetent. Wright indicated in his report that during the
examination, Casares “spoke rapidly, talked very loud[,] and did not stop talking[,]” and
noted that “[h]e dwelled on the theme of a conspiracy by [‘Yvette’3] and his probation
officer.” However, Wright also noted that Casares’s “suspicions were possible in real life
and did not constitute bizarre delusions.” Wright found that Casares experienced an
1 This appeal was transferred from the Fourth Court of Appeals in San Antonio pursuant to an order
issued by the Texas Supreme Court. See TEX. GOV’T CODE ANN. § 73.001(a). We are required to follow the
precedent of the transferor court to the extent it differs from our own. TEX. R. APP. P. 41.3.
2 To preserve the complainants’ privacy, we identify them and related individuals by pseudonyms.
See TEX. R. APP. P. 9.8; Salazar v. State, 562 S.W.3d 61, 63 n.1 (Tex. App.—Corpus Christi–Edinburg
2018, no pet.) (noting that the comment to Texas Rule of Appellate Procedure 9.8 does not limit an appellate
court’s authority to disguise parties’ identities in appropriate circumstances).
3 “Yvette” is the mother of the child complainants involved in this case.
2
“episode of mania” at the time of the examination and may suffer from bipolar disorder.
Wright concluded that Casares demonstrated “no ability to recognize facts and events
that might be pertinent to his defense”; “no ability to cooperate with counsel by disclosing
pertinent facts, events[,] or states of mind”; and “no ability to engage in a reasoned choice
of legal strategies.” On July 15, 2019, the trial court found Casares incompetent to stand
trial based on Wright’s competency evaluation and ordered that he be committed to the
Texas Department of State Health Services for further examination and treatment “toward
the specific objective of attaining competency to stand trial.”
On March 4, 2021, North Texas State Hospital (NTSH) admitted Casares pursuant
to the trial court’s order for further examination and treatment. In a letter dated May 12,
2021, the Texas Health and Human Services Commission (HHSC) informed the trial court
that “[a]fter a period of observation and treatment,” Casares was incompetent to stand
trial and suggested that he be further committed. Attached to the letter was a trial
competency evaluation report by Dr. Andreana Augustus, dated May 8, 2021. Augustus’s
report indicated that she diagnosed Casares with “Bipolar Disorder, Not Otherwise
Specified,” and that he was incompetent to stand trial but “restorable to trial competency
in the foreseeable future.” Augustus also opined that Casares was “unable to demonstrate
an adequate factual and rational understanding of his current charge and the potential
consequences of the pending proceedings”; that his “capacity to disclose the relevant
facts, events, and states of mind regarding the alleged offense” were “impaired due to
symptoms of mental illness (mood instability/mania) that interfere with his trial
competency-related abilities”; he is “unable to demonstrate a minimally logical, cogent,
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and organized discussion of possible legal strategies and options available to him with
respect to resolving his current charge due to active symptoms of mental illness”; he
demonstrated “an impaired understanding of the adversarial nature of criminal
proceedings, and his responses were indicative of the ongoing active symptoms of mental
illness”; he “is unable to provide a minimally cogent answer to most queries” and “his
capacity to exhibit appropriate courtroom behavior . . . should be regarded as impaired
due to ongoing symptoms of mental illness”; he was “willing but unable to demonstrate
an ability to collaborate with defense counsel, due to his active symptoms of mental
illness”; he did not have “adequate capacity to maintain attention and concentration
sufficient to withstand the stressors of Court”; and he did not “possess the capacity to
testify relevantly due to active symptoms of mental illness.”
On June 8, 2021, the trial court held a recommitment hearing. At the hearing, Dr.
Feroz Yaqoob testified that he was a staff psychiatrist at NTSH and examined Casares
for purposes of recommitment. Yaqoob testified that:
[Casares] continues to have disorganized thought process, he continues to
say his charges have been dropped. . . . [H]e’s currently court ordered to
take his medications due to refusal. He continues to make delusional
statements regarding the judge and . . . his charges and everything else. So
at this time he cannot . . . rationally understand his charges and cannot
defend himself in the Court.
Yaqoob diagnosed Casares with “bipolar disorder, not otherwise specified,” and
explained that “Bipolar is mania and depression or manic depression,” which are “different
names for the same illness.” When asked if Casares had progressed since being
committed, Yaqoob stated:
Well, I have reviewed the chart, there’s some progress, I think, he may need
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some medication adjustment because he’s still pretty delusional in terms of
his charges and in terms of the understanding of the nature of the
proceedings, his pending charge and, you know, he still believes that his
charges have been dropped in the past and those are not his current
charges. There probably have been other charges in the past that he’s still
thinking that they, you know, the charges were dropped and he doesn’t
need to be here and needs to be released. So his understanding of his
current charges are still, you know, not, you know, rational understanding is
not there. So I think he may need some adjustment to the medications and
hopefully with that in the foreseeable future he may be able to regain
competency.
In addition, Dr. Kevin Brown testified that he did a separate evaluation of Casares,
and informed the trial court of the nature and severity of Casares’s mental illness:
[W]hen I talked to . . . Casares on exam, he was speaking rapidly. He kept
perseverating possibly he should be let out, and . . . his charges were
dropped, he displayed poor insight on judgment, and he also appeared to
make a [delusional] statement to the judge that . . . ordered him to come
here was not a real judge, and he was also irritable at times when talking
about aspects related to his competency or his care here. In other words,
he would escalate very easily. My opinion was that he does have a major
mental illness and he would need further inpatient care to stabilize his
symptoms.
Brown opined that it was necessary for Casares to continue his bipolar disorder
medication to obtain competency. At the end of the hearing, the trial court indicated it was
going to order an extension of mental health services for Casares. On June 9, 2021, the
trial court signed an order finding Casares incompetent to stand trial and mentally ill, that
he met the criteria for court-ordered extended in-patient mental health services, and that
he was to remain committed with NTSH for a period not to exceed twelve months.
In a letter dated November 15, 2021, HHSC suggested to the trial court that
Casares was competent to stand trial and requested that he be transported back to the
county for further court proceedings. Attached to the letter was a second evaluation report
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by Augustus dated November 8, 2021. Augustus opined that Casares “improved
markedly during his course of hospitalization to evidence sufficient factual and rational
understanding of his charge and the gravity of potential consequences of the pending
proceedings in his case”; he was able to “demonstrate a capacity to disclose to counsel
pertinent facts, events, and states of mind”; he had “adequate capacity to engage in a
reasoned choice of legal strategies and options”; he exhibited “sufficient factual and
rational comprehension of the adversarial nature of judicial process”; “it is reasonable to
anticipate that he could manifest appropriate [c]ourtroom behavior through the duration
of trial proceedings”; and he was “able to engage in a collaborative relationship with his
defense counsel.” Augustus concluded that after treatment and participation in trial
competency instruction, Casares’s thought process is “logical, organized, cogent, and
goal-directed” and he is “presently COMPETENT TO STAND TRIAL.” However, she
strongly recommended that Casares “continue to receive ongoing psychiatric services,
and that he continue[] to adhere to the recommended medication regimen until disposition
of his charge to minimize the potential that he may regress, which may again call into
question his trial competence.”
On May 12, 2022, Harper filed his second motion suggesting Casares was
incompetent and requested another examination. On May 13, 2022, the trial court ordered
Dr. Leana Talbot to examine Casares for competency to stand trial. Talbot conducted the
examination on June 28, 2022, and submitted her written report to the trial court on July
18, 2022. In her report, Talbot noted that Harper informed her that Casares “had
discontinued his medications after returning to Val Verde County, which has impacted his
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mental health”; that Casares was “experiencing ‘manic behaviors’ and struggling to stay
focused and engaged”; and that “communication with [Casares] is difficult, which makes
it challenging to collaboratively engage with him.” Talbot further noted that Casares
“speaks quickly and appears to have some intensity in his actions”; that Harper observed
“periods of mania, though that wasn’t fully evident at the time I assessed [Casares]”; and
that Casares “demonstrates conspiratorial beliefs and delusional thinking, though none
are bizarre or outside the realm of something that could be true.” Talbot reported that,
“Though . . . Casares is a person with mental illness, he had both factual and rational
understanding of the charges against him and good legal knowledge” and he “was able
to engage in a mostly rational and reasonable way during the assessment and appears
to have sufficient present ability to consult with his attorney with a reasonable degree of
rational understanding.” Talbot recommended that Casares be considered competent to
stand trial. Nevertheless, she noted that though Casares “met the competency standard
without medication, however, some people with mental illness may decompensate
significantly after a longer period of time without medication” and “[i]t is not clear whether
medication is necessary for maintaining his competency, but it is recommended to provide
benefits in mood stabilization and increasing rational thinking.” After Talbot submitted her
report, trial court proceedings commenced.
B. Voir Dire
Jury selection for Casares’s trial took place at about 9 a.m. on October 30, 2023.
At this time, Casares was represented by court-appointed defense counsel Alberto
Ramon. As the trial court addressed the venire panel regarding qualifications and
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exemptions for jury service, the following exchange occurred:
THE COURT: Anybody want to claim that exemption? Okay.
Come on down we’ll have you just report out.
[Prospective Juror]: 80.
THE COURT: 80, okay.
[Casares]: Your Honor, excuse me.
THE COURT: No.
[Casares]: Your Honor—
THE COURT: Sit down. Sit down. Sit down. Sit down.
[Casares]: I got this right here.
THE COURT: Sit down.
[Casares]: Bring—bring me to double jeopardy—
THE COURT: Sit down.
[Casares]: I’ve been a long time ago—I’ve been
incarcerated for five years and I’ve been locked
up.
THE COURT: Take him out. Take him out.
[Casares]: My probation officer will tell you. I don’t want
Alberto Ramon with me. I bring my lawyer. I
bring my lawyer.
THE COURT: Thank you, take him out.
[Casares]: I bring my lawyer, not Alberto Ramon. I’ve been
in court a long time ago.
THE COURT: Take him out. Thank you.
After Casares was removed from the courtroom, the trial court resumed addressing the
8
venire panel, excused some from jury service, and released the rest for the remainder of
the morning. Outside the presence of the venire, the trial court addressed Casares’s
removal from the courtroom:
THE COURT: Okay. Counsel, we’re outside the presence of
the panel. The Court had to remove [Casares],
this is not unexpected. His behavior has been
exhibited over the course of the time of this trial
has been disruptive. Mr. Ramon was aware that
more than likely this was going to happen.
[Defense Counsel]: Correct, Your Honor.
THE COURT: All right. The Court is going to endeavor to setup
a closed circuit provision between now and 1:00
[] where [Casares] will be able to view and hear
the court proceedings via [Z]oom and that way
he’ll have access to counsel, counsel will have
access to him but we intend to continue these
proceedings. [Casares] has been incarcerated
approximately five years. He[] has been to
multiple mental health evaluations. Each time
he’s been evaluated he’s come back as
competent [sic]. This is his second counsel Mr.
Ramon. You don’t mind if [I] say you[’re] 80
years old, right?
[Defense Counsel]: 83, going on 84 on the 12th.
THE COURT: He’s one of the most patient individuals I’ve
known and taken on very difficult cases in the
past and he’s licensed in both federal and state
court here. This is [Casares’s] second counsel.
Mr. Ramon, do you want to put anything else on
the record? I’m just trying [to] let the appellate
court know that we are attempting and
endeavoring to have [Casares] participate in a
way that is meaningful; however, the Court
cannot allow him to disrupt our solemn court
proceedings and that’s why I had him removed.
Did you agree with the removal, Mr. Ramon?
9
[Defense Counsel]: I do agree, Your Honor, I do believe that it would
be—
THE COURT: You can sit down. Y’all can sit down.
[Defense Counsel]: —in the best interest of [Casares] that he be
allowed to participate through [Z]oom. If this
were to happen in front of the jury, it would be
certainly not to his advantage at all.
THE COURT: Okay.
[Defense Counsel]: He has been an uncooperative client.
Disappointed that his family [has] also bec[o]me
uncooperative. I would do my best. I will honor
my oath as a lawyer and I represent to this Court
and I will represent to [the prosecutor] as a
representative of the state that I will do my very
best to be as professional as I can given the
circumstances.
THE COURT: I didn’t ex[pec]t anything else Mr. Ramon when
I appointed you.
[Defense Counsel]: Thank you.
THE COURT: [Prosecutor], [is] there anything that you wish to
put on the record at this time[?]
[Prosecutor]: Nothing[,] Your Honor.
THE COURT: Okay. Then we are going to endeavor—
[Defense Counsel]: I would like to have one more thing put on the
record. We reopened the offer this morning.
[Prosecutor]: We told the defense to ask if he’s open to an
offer and he doesn’t seem to be.
[Defense Counsel]: Correct, Your Honor[.] I do want to put that on
the record. I do have another conference, a final
conference with Mr. Casares. He understands
and refuses to accept though that this is an
enhanced case and the Court admonished him
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last week and he said it on the record that he
wants to go forward. He has never waived at any
time from persistent on a trial. Now, he is fully
aware of [and] the family is [ ] also aware[—]I
want that to be clear on the record. They’re fully
aware of what [h]is situation is. He, basically,
would be walking if he accepted the plea; but I
was not able to convince him or the family. And
I wanted to [be] absolutely clear that I did my
best with the family and with Mr. Casares.
THE COURT: Okay. All right. Then that’s on the record and we
will also—I would like to tell [d]efense counsel
that if at any time [Casares] would peaceably sit
in proceedings, he’s more than welcome to
come back in.
[Defense Counsel]: I will keep [a]n eye open, but I do not expect that
he will, not given the circumstances.
THE COURT: I more than welcome him being here for this trial.
I cannot have him disrupting the trial.
[Defense Counsel]: We have to do the best we can and protect his
constitutional rights and I know the state will do
that and certainly we have an excellent judge.
THE COURT: Well, we’re doing our best. I’m not going to say
anything about me.
After a brief adjournment, trial proceedings resumed at 12:49 p.m., and the trial
court addressed Casares, via Zoom, outside the presence of the venire members:
THE COURT: We are outside the presence of [the] venire.
[Casares] has now arrived. I’m going to address
myself to Mr. Casares. He was present earlier
when we were doing the qualifications and
exemptions of the venire. Mr. Casares had to be
removed and stood up and started talking after
I told him not to. I’ll advise Mr. Casares I would
like [for] you to participate in this trial and I would
like you to be here. I want you to be able to
consult with your attorney. I want you to
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participate fully in your trial. I welcome you here
in this trial; but I cannot have you disrupting the
trial.
So as long as you can behave yourself and talk
to your attorney in a low voice and everybody
can hear, I’ll be happy to have you in the
courtroom. But I cannot have you talking over
me. I can’t have you talking over the counsel—
Hold on, lower your hand, lower your hand. I
want you to be able to confer with your attorney,
and I want you to be able to participate in your
trial fully. This is as very important trial for you.
There’s a lot at stake. But I can’t have you
disrupting these proceedings. If you disrupt the
proceedings[,] I have to remove you because
we have to do this in an orderly manner. Do you
understand what I’m telling you, Mr. Casares?
[Casares]: I just want to say Harper told me a long time ago
that you people will try to double jeopardy.
Harper told me. I’m not saying, Your Honor, for
real. I’m not saying I’m perfect. But Harper told
me this come [sic] he would—and get he said it
was double jeopardy and the state hospital that
sent me, they told me I was not crazy and
nothing like that, you to go trial.
And tell them to tell Harper, to tell me to Harper,
if they do you double jeopardy, the first person
to go wrong is to him. This account, he went and
tell you this and that—I’m not saying they are
perfect. I’m telling you straight up. I know I’m not
perfect but this lady I was at for real, they were
messing around with probation officers. They
set me up.
But, hey, Harper told me also when I tell him the
conversation and they—the detective that arrest
me, they did the investigation, and Harper told
me everything came in your favor Casares. [In]
2019 when you told me, you were going to send
me to hospital, you didn’t want to do nothing to
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me and you were from the federal side to the—
from the state side to the federal side. I’ve been
waiting over there in the state side over five
years there.
THE COURT: Can you behave yourself so that we can
conduct you[r] trial in an orderly manner?
[Casares]: I’ll behave myself just give me a chance please
to express myself. I’m not saying I’m perfect this
and that, for real. But they set me up, Your
Honor, for real.
THE COURT: As long as you can stay in here and you do
not . . . disrupt proceedings, I will let you stay
here. But if you disrupt proceedings[,] I have to
remove you.
[Casares]: Even [Yvette], when she come and show you 8
or 10 months ago the accident happened in May
2017, I was in the half way house.
THE COURT: Okay. I’m going [to] tell you, I do not want to talk
to you directly, only your lawyer is going to be.
[Casares]: My lawyer is Harper.
THE COURT: No, your lawyer.
[Casares]: My lawyer—
THE COURT: No, I’m not—
[Casares]: Call in Austin. They told me your lawyer is
Harper. Don’t be lying, they told me.
THE COURT: Your—
[Casares]: Harper is my lawyer. They told me in Austin. I
already called them.
THE COURT: No.
[Casares]: Harper for five years, my lawyer. Alberto Ramon
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because you guys knew I was going put
somebody there. Knew you be put him in the bill
[sic].
THE COURT: Mr. Casares, will you be able—
[Casares]: No, sir, if you not going let me talk, no, for real.
I’m not trying—judge have you guys nothing like
that but [Yvette] and my probation officer, they
set me up. This time they got fired from the
federal courthouse 2019, they got arrested.
THE COURT: Okay. All right. Then.
[Defense Counsel]: You—
[Casares]: I’m not saying I’m perfect, this and that, also
nothing against you guys, for real but, hey,
yo . . . my girlfriend and my probation officer,
they were having an affair with her.
THE COURT: All right. Thank you.
[Casares]: God bless you-all.
THE COURT: Thank you, sir. Just for the record, I’ll try to do
this again after voir dire and he wants to behave.
Thereafter, the venire members were brought back in the courtroom. The trial court
informed the venire that Casares’s counsel was present and that Casares was “upstairs
on the third floor” watching the proceedings via Zoom. Voir dire proceeded without
interruption and a jury was selected and empaneled. The State read the indictment to the
jury and Casares’s counsel pleaded not guilty on Casares’s behalf. The jury was then
released for the day.
On October 31, 2023, the trial court addressed Casares in open court, outside the
presence of the jury:
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THE COURT: . . . Going to afford Mr. Casares the opportunity
to stay in court.
....
[Casares]: Okay.
....
THE COURT: Thank you, sir. I’ll permit Mr. Casares to be
present during his trial as long as he’ll comport
himself and stay calm and then I think it’s
important for you to be here and sit here. Just
don’t talk. You can talk to your attorney at the
breaks or write notes to your attorney but don’t
disrupt the proceedings, okay?
[Casares]: Okay.
THE COURT: Thank you, sir
[Defense Counsel]: Your Honor, if I may, I’m tempted to confer with
the—my client, Mr. Casares, regarding his
children being called to testify. At one point he
absolutely wanted them not to participate.
THE COURT: Okay.
[Defense Counsel]: I have—I believe they can be of some help but
he’s keeps insisting that I consult Mr. Harper. He
still considers Mr. Harper his lawyer.
THE COURT: I understand.
[Defense Counsel]: Again, reiterate the attorney-client relationship
here is very weak if not non-existent.
THE COURT: Okay.
[Defense Counsel]: And I, of course, want my client to be here.
That’s his absolute right and, of course, I would
have no objection to that and I hope that he will
comply.
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The trial court then proceeded to conduct a hearing regarding the admissibility of
extraneous offense testimony from a particular witness at the request of Casares’s
counsel. See TEX. CODE CRIM. PROC. ANN. art. 38.37. Thereafter, the jury entered the
courtroom, and the prosecutor provided its opening statement. Casares’s counsel waived
the opportunity to present an opening statement.
C. Trial
Jennifer was born in November of 2008 and was fourteen years old at the time of
trial. Jennifer testified that she previously lived in Del Rio with her siblings, her mother,
and her mother’s boyfriend, Casares. Jennifer stated that when she was nine or ten, her
mother and sisters went to the grocery store while Casares, Jennifer, and Jennifer’s
brother stayed at their residence. Casares was drunk and sat on a chair in the living room.
Casares told Jennifer to sit on his lap. Jennifer sat on his lap, facing away from him.
According to Jennifer, Casares grabbed her waist with one hand, and used his other hand
to touch her chest underneath her shirt. Thereafter, Jennifer felt uncomfortable, got off
Casares’s lap, went to her room and cried. Jennifer did not tell her mother what happened
when her mother returned home because she was afraid of Casares and embarrassed.
Jennifer later outcried to her mother about the incident and her mother reported the
incident to law enforcement the next day. Jennifer did not recall the exact date she told
her mother but stated she did so when she was in fourth grade at the time.
Paula was twenty-one years old at the time of trial and testified that Casares moved
in with her family when she was fourteen years old. Paula stated that around September
or October of her ninth-grade school year, Casares touched her breasts with both of his
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hands outside of her clothes while she was asleep in her bed. After he touched her, Paula
cried and got under the covers. According to Paula, Casares did not leave her bedroom
until she cried louder. Paula testified about other incidents that had occurred in Mexico
where Casares had touched Paula’s buttocks underneath her pajamas, had lifted her
dress and touched her legs, and had touched her upper legs and “private part” when she
sat on his lap. Paula stated that Casares gave her money “every time that happened.”
Paula further stated that Casares threatened to kill her if she told her mother the second
time she was touched. In addition, Paula testified that Casares would call her cell phone
at 2 a.m. and would not talk but make “moaning” sounds. Paula stated she received
several of these calls. Paula outcried to her mother about the incidents involving Casares
on the same day her sister Jennifer told her mother about what Casares did to Jennifer.
Yvette, the complainants’ mother, testified that she and Casares were previously
in a relationship and had lived together. Yvette stated that she had left her residence with
her older daughters on May 10, 2018, to send a money order to Casares’s daughter.
Jennifer and her brother stayed at home with Casares, who was drinking beer at the time.
When Yvette returned, she noticed that Jennifer was crying. Yvette asked Jennifer if
Casares had scolded her and Jennifer replied no. Yvette asked Jennifer if she had a
headache and Jennifer said yes. Yvette testified that Jennifer later told her that Casares
had touched her breasts on the day she went to get the money order. According to Yvette,
she had broken up with Casares and he had already stopped living with Yvette and her
children at the time Jennifer and Paula told her about the touching incidents.
Steven Moreno, Casares’s former federal probation officer, testified that Yvette
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visited his office in July of 2018 and informed him of what Casares had done to her
daughters. Moreno thereafter called the Del Rio Police Department (DRPD) and arranged
for Yvette to speak to someone there. According to Moreno, Yvette spoke to an
investigator named Michelle that day. Moreno stated that there were concerns regarding
how Casares would react when he found out about the allegations against him. Moreno
explained that law enforcement “needed the time to do their investigation and . . . they
had advised [Yvette] not to gather [Casares’s] belong[ings] and throw him out.” Moreno
also testified that he told Yvette that she needed to “work with [Casares] and give [law
enforcement] the time they needed to complete the investigation and get the warrants
issued.” According to Moreno, Casares was arrested in September of 2018. Moreno also
stated he was aware that Casares had alleged that Moreno and Yvette were having an
affair. Regarding this allegation, Moreno testified there was “no truth to it.” Moreno
explained that he and a partner would make unannounced visits to Casares “at any given
day or . . . time,” as well as “‘collateral visits’. . . with spouses, sons, daughters, and
neighbors.” Moreno further added, “Sometimes I would catch . . . Casares there if he was
in [Del Rio], sometimes I wouldn’t. Sometimes he was working in Big Lake.” Moreno
explained that these visits were part of his job and that his visits to Yvette and her children
were “professional only.” Moreno testified he had informed his supervisor about Casares’s
allegations.
Michelle Salinas, a former investigator with DRPD, testified that Yvette filed a
police report on July 25, 2018. According to Salinas, Yvette continued talking to Casares
after filing the report and acted normal so as “to get him back to Del Rio” because he was
18
working in Big Lake. Salinas stated that “[Yvette] thought that if she would have made
him aware that the police knew” about the allegations, “he would not come back,” and
“[Yvette] wanted to make sure we got him—I guess, arrested for what he had done.” On
September 24, 2018, Salinas interviewed Casares after he was arrested. The interview
was recorded on a body camera, and the recording was admitted into evidence. In the
beginning of the interview, after he was read and waived his Miranda rights, Casares
stated that he had been living with Yvette for a year and a half, and that Yvette had been
cheating on him with his probation officer. Casares explained that his probation officer
had been going to the residence he shared with Yvette when he was not there, that his
probation officer gave him permission to go to Big Lake, and that he had been in Big Lake
for over a year. Casares stated that his cell phone was “tapped,” and that Moreno had
“got on the line” while Casares had been talking to Yvette. In addition, Casares claimed
that Yvette “prostituted” her daughters “every Saturday” in Mexico and that his probation
officer would visit his residence every Saturday.
In the recorded interview with Salinas, Casares denied touching Jennifer or Paula
inappropriately, but admitted that they sometimes sat on his lap, and he would hug them
in Yvette’s presence. When asked why Yvette, Jennifer, and Paula would lie about the
allegations made against him, Casares responded, “They are playing a joke on me.
[Yvette] and the probation officer. They want me to go to jail and prison.” Later in the
interview, Casares, unprompted, stated that he never gave the complainants money in
exchange for touching them.
At trial, Casares testified in his own defense with the assistance of a Spanish
19
language translator. During his testimony, Casares generally denied the testimony and
evidence admitted against him and echoed his statements made during the recorded
interview with DRPD. Casares also testified regarding whether he was “mentally
examined” as ordered by the trial court during the pendency of the case:
[Defense Counsel]: Now, during the [pendency] of this case, were
you examined mentally?
....
[Casares]: Yes, because I found out that [Yvette] was
cheating on me and then they told me that I was
crazy. They locked me up and told me that I was
crazy.
[Defense Counsel]: Now, I’m talking about any examinations done
at the direction of the Court. You were mentally
examined and a report was given to the Court,
“yes” or “no”?
[Casares]: They did an evaluation on me in 2018 to 2019.
They told me I was fine they did another one in
2020 and they said I was fine. They did another
one ‘21 and ‘22 and they said I was fine. It was
three times and they said that I was fine.
[Defense Counsel]: During those examinations were you ever asked
questions regarding your sexual orientation or
tendencies or that subject matter?
[Casares]: Yes, I was sent to the state hospital where they
have the crazy people and I was over there by
Boerne that area over there and I was over there
from 8 to 10 months, between 8 and 10 months
and I was there and doing school and doing the
classes and everything.
[Defense Counsel]: Did you cooperate with your psychiatrist?
[Casares]: Yes, I did. I did—they told me that I was fine and
that I was a good worker and that I was kind and
that there was nothing wrong with me. They had
20
everything in general.
Later, during cross-examination by the prosecutor, the following exchange occurred:
[Prosecutor]: Are . . . you also claiming that the state system
has kept you wrongfully in the state hospital in
the years that you’ve been awaiting trial?
[Casares]: I don’t understand.
[Prosecutor]: So you stated earlier on your . . . direct
examination that some people in the state
hospital told you you were fine and that you
have everything “in general” implying good
things about your character but that’s not
actually the full story of what happened, was it?
THE COURT: Hold on.
[Defense Counsel]: Again, Your Honor, we have two questions.
THE COURT: Okay.
[Defense Counsel]: Two questions before.
THE COURT: Let me have you approach.
[Defense Counsel]: This is confusing.
THE COURT: Approach. All right. Can you hear?
[Court Reporter]: Yes.
THE COURT: Okay. This issue of competency I think it’s going
to be a real problem if it continues.
[Prosecutor]: Judge, I’m concerned too but he testified about
the fact that multiple people in the state system
told him he was fine. The defense attorney
asked him a whole line of questions about it and
I feel like it’s one of his.
THE COURT: Okay. Then probably suggest you try [to] break
up the questions and be really elementary and
21
one at a time because you are compounding
quite a few questions.
[Prosecutor]: I understand but he’s purposely not
understanding my questions.
[Defense Counsel]: The way I understand it, that’s not the issue—
[Prosecutor]: So if I’m going to ask him questions about
previous statements—
THE COURT: Let him finish, [Prosecutor]. Go ahead.
[Defense Counsel]: He barely reads and he has obviously some
issues, okay. And you’re just trying to confuse
him more and get him to react. That’s the way I
see it and that’s a lot to do—it seems to suggest
that taking advantage of the fact that he may not
be competent and you opening a big door.
[Prosecutor]: You opened the door. You asked multiple
questions about it.
[Defense Counsel]: I did not go into competency. I went into all that
have to do be [sic] the trial, nothing else.
[Prosecutor]: That’s not how he answered the questions,
unfortunately.
THE COURT: Just try [to] make the question simple.
After the bench conference ended, Casares resumed testifying. Ultimately, the jury found
Casares guilty on both counts of indecency with a child by sexual contact.
During the punishment phase, Casares pleaded true to the State’s enhancement
paragraphs alleging that he had previously been convicted of two felony offenses. After
the parties presented closing arguments, the jury sentenced Casares to forty years’
imprisonment on each count. The trial court ordered that the sentences run consecutively.
This appeal followed.
22
II. COMPETENCY
In his first issue, Casares argues that there was “overwhelming evidence that [his]
mental status had deteriorated since his last competency evaluation” such that the trial
court abused its discretion by failing to inquire, sua sponte, as to his competency to stand
trial.
A. Standard of Review and Applicable Law
We review a trial court’s decision not to conduct an informal competency inquiry
into a criminal defendant’s competency to stand trial for an abuse of discretion. Montoya
v. State, 291 S.W.3d 420, 426 (Tex. Crim. App. 2009), superseded by statute on other
grounds as recognized in Turner v. State, 422 S.W.3d 676, 692 & n.31 (Tex. Crim. App.
2013); Moore v. State, 999 S.W.2d 385, 393 (Tex. Crim. App. 1999). A trial court does
not abuse its discretion absent a showing that its decision was arbitrary or unreasonable.
Montoya, 291 S.W.3d at 426; Moore, 999 S.W.2d at 393. In conducting our review, we
do not substitute our judgment for that of the trial court, but rather determine whether the
trial court’s decision was arbitrary or unreasonable. Montoya, 291 S.W.3d at 426. We give
“great deference” to the trial court’s assessment of a defendant’s ability to rationally and
factually understand the proceedings and to assist counsel. See Lewis v. State, 532
S.W.3d 423, 432 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d) (citing McDaniel v.
State, 98 S.W.3d 704, 713 (Tex. Crim. App. 2003)).
A fundamental principle of our criminal justice system is that, as a matter of
constitutional due process, a criminal defendant who is incompetent may not stand trial.
Boyett v. State, 545 S.W.3d 556, 563 (Tex. Crim. App. 2018); Owens v. State, 473 S.W.3d
23
812, 816 (Tex. Crim. App. 2015); Turner, 422 S.W.3d at 688; see Drope v. Missouri, 420
U.S. 162, 171 (1975) (“It has long been accepted that a person whose mental condition
is such that he lacks the capacity to understand the nature and object of the proceedings
against him, to consult with counsel, and to assist in preparing his defense may not be
subjected to a trial.”). The constitutional standard for competency to stand trial is codified
in Article 46B of the Texas Code of Criminal Procedure, which describes the
circumstances that require, and the procedures for making, a determination of whether a
defendant is competent to stand trial. See TEX. CODE CRIM. PROC. ANN. arts. 46B.001–
.055.
“Substantively, incompetency to stand trial is shown if the defendant does not
have: ‘(1) sufficient present ability to consult with the person’s lawyer with a reasonable
degree of rational understanding; or (2) a rational as well as factual understanding of the
proceedings against the person.’” Boyett, 545 S.W.3d at 563 (quoting TEX. CODE CRIM.
PROC. ANN. art. 46B.003(a)); Turner, 422 S.W.3d at 689. “Procedurally, a trial court
employs two steps for making competency determinations before it may ultimately
conclude that a defendant is incompetent to stand trial[:] [t]he first step is an informal
inquiry; the second step is a formal competency trial.” Boyett, 545 S.W.3d at 563. “At the
informal inquiry, there must be ‘some evidence from any source that would support a
finding that the defendant may be incompetent to stand trial.’” Id. (quoting TEX. CODE
CRIM. PROC. ANN. art. 46B.004(c)). “If that requirement is met, then the trial court must
order a psychiatric or psychological competency examination, and except for certain
exceptions, it must hold a formal competency trial.” Id. (citing TEX. CODE CRIM. PROC. ANN.
24
arts. 46B.005(a), (b), 46B.021(b)); Turner, 422 S.W.3d at 693. Article 46B.004 describes
how the informal inquiry can be triggered:
(a) Either party may suggest by motion, or the trial court may suggest
on its own motion, that the defendant may be incompetent to stand trial. A
motion suggesting that the defendant may be incompetent to stand trial may
be supported by affidavits setting out the facts on which the suggestion is
made.
(b) If evidence suggesting the defendant may be incompetent to stand
trial comes to the attention of the court, the court on its own motion shall
suggest that the defendant may be incompetent to stand trial.
(c) On suggestion that the defendant may be incompetent to stand trial,
the court shall determine by informal inquiry whether there is some evidence
from any source that would support a finding that the defendant may be
incompetent to stand trial.
(c-1) A suggestion of incompetency is the threshold requirement for an
informal inquiry under Subsection (c) and may consist solely of a
representation from any credible source that the defendant may be
incompetent. A further evidentiary showing is not required to initiate the
inquiry, and the court is not required to have a bona fide doubt about the
competency of the defendant. Evidence suggesting the need for an informal
inquiry may be based on observations made in relation to one or more of
the factors described by Article 46B.024 or on any other indication that the
defendant is incompetent within the meaning of Article 46B.003.
TEX. CODE CRIM. PROC. ANN. art. 46B.004. Article 46B.024 lists several factors which must
be considered in a competency evaluation, including a defendant’s capacity during trial
court proceedings to: (1) rationally understand the charges against him and the potential
consequences of the proceedings; (2) disclose to counsel pertinent facts, events, and
states of mind; (3) engage in a reasoned choice of legal strategies and options;
(4) understand the adversarial nature of the trial court proceedings; (5) exhibit appropriate
courtroom behavior; and (6) testify. Id. art. 46B.024(1). Additional factors include
information regarding whether the defendant has a mental illness or intellectual disability;
25
whether the identified condition has lasted or is expected to “last continuously for at least
one year”; whether medication is necessary to maintain the defendant’s competency; and
the degree of impairment resulting from any mental illness or intellectual disability and
“the specific impact on the defendant’s capacity to engage with his counsel in a
reasonable and rational manner.” Id. art. 46B.024(2)–(5).
Here, multiple competency evaluations were performed prior to trial, and the final
evaluation resulted in a finding of competence by Talbot, which the trial court accepted.
If a formal competency proceeding results in a finding of competency, “the trial court is
not obliged to revisit the issue later absent a material change of circumstances suggesting
that the defendant’s mental status has deteriorated.” Turner, 422 S.W.3d at 693 (noting
that, “especially when there has been a suggestion of incompetency but no formal
adjudication of the issue, due process requires the trial court to remain ever vigilant for
changes in circumstances that would make a formal adjudication appropriate”); Learning
v. State, 227 S.W.3d 245, 250 (Tex. App.—San Antonio 2007, no pet.) (“To justify a
second competency hearing, defense counsel would have had to offer new evidence of
a change in [appellant]’s mental condition since the first competency hearing.”).
B. Discussion
Casares points out several statements from the record by which he claims
“trigger[ed] the trial court’s statutory duty to make [an informal] inquiry.” We address each
in turn.
Casares first points to his interruptions during jury selection, which led to his
removal from the courtroom. One factor under Article 46.024 is a defendant’s capacity to
26
display appropriate courtroom behavior. See id. art. 46B.024(1)(E). However, disruptive
courtroom behavior and a general failure to cooperate are not always probative evidence
of incompetence to stand trial. See George v. State, 446 S.W.3d 490, 501 (Tex. App.—
Houston [1st Dist.] 2014, pet. ref’d) (citing Burks v. State, 792 S.W.2d 835, 840 (Tex.
App.—Houston [1st Dist.] 1990, pet. ref’d)). “If such actions were probative of
incompetence, one could effectively avoid criminal justice through immature behavior.”
Id. (quoting Burks, 792 S.W.2d at 840). We note that Casares’s disruptions were limited
to jury selection; he did not disrupt proceedings at any other point during trial. In addition,
Casares argues that his own “long, discursive non-responsive answers to the [trial] court’s
questions as to whether he could behave” was evidence of incompetency. While some of
Casares’s answers to the trial court’s inquiries were rambling and nonresponsive, the trial
court was within its discretion to determine that they were not the type of disruptive
behavior that might suggest incompetence. See Lindsey v. State, 544 S.W.3d 14, 24
(Tex. App.—Houston [14th Dist.] 2018, pet. ref’d) (“Appellant’s behavior, while imperfect
and rude, at times, did not suggest incompetency.”) (citing George, 446 S.W.3d at 501).
Importantly, the trial court was in the best position to evaluate the significance of
Casares’s responses and whether they indicated he was incompetent to stand trial. See
Montoya, 291 S.W.3d at 426 (“[T]hose who observed the behavior of the defendant at the
hearing were in a better position to determine whether she was presently competent.”);
see also Ramos v. State, No. 13-22-00293-CR, 2023 WL 8850088, at *11 (Tex. App.—
Corpus Christi–Edinburg Dec. 21, 2023, no pet.) (mem. op., not designated for
publication) (concluding that, although appellant made “demonstrably false or non-
27
sensical statements to the trial court” and “appeared confused about his application for
probation and his not guilty plea,” the trial court could have rationally determined
appellant’s statements were “made purposefully in order to obstruct the trial” and no
second competency evaluation was required); Duong v. State, No. 02-18-00128-CR,
2019 WL 3334426, at *7 (Tex. App.—Fort Worth July 25, 2019, no pet.) (mem. op., not
designated for publication) (finding that the trial court could have reasonably concluded
that it was facing a disruptive but competent defendant intent on stopping the trial and
therefore the trial court did not abuse its discretion by failing to conduct a competency
hearing).
Casares also argues that his repeated references to double jeopardy “evok[ed] his
insistence to Dr. Augustus that the criminal charges against him had been dismissed.”
The record shows that Casares’s references to double jeopardy during jury selection
included no explicit or implicit assertions that his criminal charges were dismissed, and it
appears that Casares was merely trying to convey what he was told by his former defense
counsel. Under these circumstances, we disagree that these references suggest that he
lacked a rational understanding of his charges and potential consequences. See TEX.
CODE CRIM. PROC. ANN. arts. 46B.003(a), .024(1)(A).
Additionally, Casares asserts that his statements “that Mr. Ramon was not his
attorney [and] that his attorney was the discharged lawyer Mr. Harper” evidenced his
confusion about the identity of his defense counsel and “should have alerted the [trial]
court that [he] was unable to cooperate with his attorney on his defense.” Regarding this
purported confusion, we note that when Casares stated his attorney was Harper, he also
28
stated, “Call in Austin. They told me your lawyer is Harper. Don’t be lying, they told me.”
Casares did not fully explain who told him Harper was his defense counsel, but given this
context, the trial court was within its discretion to conclude the statements were not so
bizarre or unusual as to indicate an inability to assist his counsel or a material change of
circumstances since Talbot’s evaluation. 4 See Lindsey, 544 S.W.3d at 24; Turner, 422
S.W.3d at 693; see also TEX. CODE CRIM. PROC. ANN. art. 46B.024(1)(B).
Casares next contends that his statements that he had been “set up” by Yvette
and Moreno further indicated his incompetence. The record indicates that Casares
continuously asserted his belief he was “set up” during his post-arrest interview with law
enforcement and his various competency evaluations. However, Wright noted during the
first competency evaluation that Casares’s “suspicions were possible in real life and did
not constitute bizarre delusions.” Similarly, Talbot noted during Casares’s last
competency evaluation that he “demonstrates conspiratorial beliefs and delusional
thinking, though none are bizarre or outside the realm of something that could be true.”
For the same reasons, the trial court did not abuse its discretion in determining that the
statements were not probative of incompetency or a change in circumstances. See
Lindsey, 544 S.W.3d at 24; Turner, 422 S.W.3d at 693.
Casares also contends that the trial court was “placed on notice by both Dr.
Augustus and Dr. Talbot that questions as to [his] competence could arise again,
particularly if he went a long time without medication.” See TEX. CODE CRIM. PROC. ANN.
4 The record indicates that Casares was generally uncooperative with both of his court-appointed
attorneys throughout the pendency of the case, including when mental health professionals concluded that
he was not competent, and later, when they found him competent.
29
art. 46B.024(2)–(5). The record indicates that Casares suffered from bipolar disorder and
had been prescribed medication for it. See id. Specifically, Augustus diagnosed Casares
with “Bipolar Disorder, Not Otherwise Specified,” and she concluded in her report that he
was then incompetent to stand trial “due to symptoms of mental illness” but that he was
“restorable to trial competency in the foreseeable future.” Talbot noted in the last
competency evaluation that Casares “met the competency standard without medication,
however, some people with mental illness may decompensate significantly after a longer
period of time without medication” and that “[i]t is not clear whether medication is
necessary for maintaining his competency, but it is recommended to provide benefits in
mood stabilization and increasing rational thinking.”
In connection to the possibility of regression of his competency due to lack of
medication, Casares merely points to his “tangential” responses to the trial court’s
questions during jury selection, which we have already concluded above was not
necessarily indicative of incompetency. Furthermore, there was no evidence shown at the
time of trial that Casares was failing to take his bipolar medication currently prescribed to
him. See Lindsey, 544 S.W.3d at 26. (“Although some evidence suggested that appellant
had been diagnosed with bipolar disorder and, at one time, had been prescribed
medication, . . . [n]o evidence showed appellant was failing to take medication currently
prescribed.”)
Casares further directs us to matters that occurred several months prior to his trial,
including the joint motion to withdraw by his defense attorneys and the hearing that
occurred regarding that motion. However, Casares does not connect said matters to
30
evidence of his incompetence that was observed by the trial court at the time of trial. The
relevant time frame for determining a defendant’s competency is at the time of the trial
court proceedings. Laflash v. State, 614 S.W.3d 427, 432 (Tex. App.—Houston [1st Dist.]
2020, order). While Casares’s defense counsel expressed to the trial court that the
attorney-client relationship was “very weak if not non-existent” just prior to the
prosecutor’s opening statements, the trial court was within its discretion to conclude that
this statement did not raise an inference that he was unable to assist his counsel. See
Turner, 422 S.W.3d at 696 (explaining that trial court need not conduct competency
inquiry when “there is some evidence that the defendant obstinately refuses to cooperate
with counsel but nothing from which to rationally infer that his obstinacy is fueled by
mental illness”); see also DeWitt v. State, Nos. 05-12-00583-00585-CR, 2013 WL
3389055, at *2 (Tex. App.—Dallas July 3, 2013, no pet.) (mem. op., not designated for
publication) (noting that “a failure to consult with counsel does not demonstrate a lack of
competence; instead, a defendant must be unable to consult with counsel”).
Casares argues that the trial court was aware that his own statement that he had
“gone to the state hospital and they evaluated him multiple times and found him ‘fine[]’”
was untrue. The record shows that mental health professionals twice concluded Casares
was incompetent due to mental illness, and subsequently twice concluded that he was
competent to stand trial. Whether Casares’s statement is characterized as misleading,
deceptive, or an outright falsity, the trial court was within its discretion to conclude it was
not probative of present incompetency or a change in circumstances since Talbot’s report.
See TEX. CODE CRIM. PROC. ANN. arts. 46B.003, .024(1)–(5); Turner, 422 S.W.3d at 693.
31
Related to this issue are Casares’s responses to the prosecutor’s cross-examination
questions regarding his court-ordered examinations. When the parties approached the
bench after Casares objected to the compound form of the prosecutor’s question, the trial
court warned, “Okay. This issue of competency I think it’s going to be a real problem if it
continues.” We do not interpret this statement to indicate that the trial court was itself
suggesting that Casares was presently incompetent to stand trial. See TEX. CODE CRIM.
PROC. ANN. art. 46B.004(c-1). Rather, the context appears to be that the trial court was
concerned regarding the subject matter of the prosecutor’s questions.
Finally, Casares argues that his defense counsel suggested he “may not be
competent” during this exchange at the bench. The record indicates that the quoted
language at issue occurred during defense counsel’s response to the prosecutor’s
assertion that Casares was “purposely not understanding” her questions. We note that
defense counsel did not request the trial court to stay the proceedings to have Casares
evaluated for competency to stand trial during this exchange, nor at any other point during
the trial, nor was the issue of competency raised by post-judgment motion for new trial. 5
The Code of Criminal Procedure provides that “[a] suggestion of incompetency . . . may
consist solely of a representation from any credible source that the defendant may be
incompetent.” TEX. CODE CRIM. PROC. ANN. art. 46B.004(c-1). To the extent that the
quoted language can be considered a “suggestion of incompetency,” we do not find that
it constituted evidence of a present mental illness from a credible source due to the
5 Neither party filed a motion suggesting that Casares was incompetent at the time of trial. See
TEX. CODE CRIM. PROC. ANN. art. 46B.004(a).
32
surrounding circumstances by which it was uttered. See id. arts. 46B.004(c-1),
46B.024(2)(a), (3)–(5); see also Lindsey, 544 S.W.3d at 26 (holding that the appellant’s
brother’s statement describing appellant as mentally disabled was not evidence of a
present mental disability from a credible source). Moreover, the remark is not indicative
of a material change in circumstances in Casares’s mental condition since the final formal
evaluation was concluded. See Turner, 422 S.W.3d at 693.
Accordingly, we hold that the trial court did not abuse its discretion in failing to
conduct a sua sponte informal inquiry as to Casares’s competency to stand trial. See
Montoya, 291 S.W.3d at 426; Moore, 999 S.W.2d at 393. Casares’s first issue is
overruled.
III. MOTION TO WITHDRAW
In his second issue, Casares argues that the trial court abused its discretion in
denying, in part, his defense attorneys’ joint motion to withdraw.
A. Standard of Review and Applicable Law
“The Federal and Texas Constitutions, as well as Texas statute, guarantee a
defendant in a criminal proceeding the right to have assistance of counsel.” Gonzalez v.
State, 117 S.W.3d 831, 836 (Tex. Crim. App. 2003); see U.S. CONST. amends. VI, XIV;
TEX. CONST. art. I, § 10; TEX. CODE CRIM. PROC. ANN. art. 1.05. However, such right is not
absolute. Gonzalez, 117 S.W.3d at 837. “Once the court has appointed an attorney to
represent the indigent defendant, the defendant has been accorded the protections
provided under the Sixth and Fourteenth Amendments and Article 26.04 of the Texas
Code of Criminal Procedure, and the defendant then carries the burden of proving
33
entitlement to a change of counsel.” Barnett v. State, 344 S.W.3d 6, 24 (Tex. App.—
Texarkana 2011, pet. ref’d) (citing Webb. v. State, 533 S.W.2d 780, 784 (Tex. Crim. App.
1976)); see also Longoria v. State, No. 13-16-00680-CR, 2018 WL 3151473, at *2 (Tex.
App.—Corpus Christi–Edinburg June 28, 2018, pet. ref’d) (mem. op., not designated for
publication) (“[W]here the defendant is indigent and counsel has been appointed, there is
no established right to pick and choose one’s representation.”).
Significantly, a trial court is under no duty to search for an attorney until it finds one
agreeable to the defendant. See Barnett, 344 S.W.3d at 24. A defendant’s right to counsel
of choice “may be overridden by other important considerations relating to the integrity of
the judicial process and the fair and orderly administration of justice.” Gonzalez, 117
S.W.3d at 837; see United States v. Gonzalez-Lopez, 548 U.S. 140, 152 (2006) (noting
the trial court’s “wide latitude in balancing the right to counsel of choice against the needs
of fairness and against the demands of its calendar”). The decision to permit the
withdrawal of court-appointed counsel and subsequently appoint substitute counsel rests
within the sound discretion of the trial court. See Coleman v. State, 246 S.W.3d 76, 85
(Tex. Crim. App. 2008); see also TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (“An attorney
appointed under this article shall . . . represent the defendant until charges are dismissed,
the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered
by the court to withdraw as counsel for the defendant after a finding of good cause is
entered on the record[.]”). The trial court abuses its discretion when it acts arbitrarily,
unreasonably, or without reference to any guiding rules or principles. Rhomer v. State,
569 S.W.3d 664, 669 (Tex. Crim. App. 2019). “We make this determination based upon
34
what was before the trial court when it made its decision.” See Williams v. State, 154
S.W.3d 800, 802 (Tex. App.—Houston [1st Dist] 2004, pet. ref’d) (citing Montgomery v.
State, 810 S.W.2d 372, 380, 391 (Tex. Crim. App.1990)).
B. Analysis
On March 30, 2023, Harper filed a motion to withdraw citing an inability to
“effectively communicate” with Casares as good cause. The trial court did not grant
Harper’s motion. Instead, the trial court appointed Ramon as co-counsel on April 5, 2023.
On May 24, 2023, Ramon and Harper filed a “Joint Defense Attorneys’ Motion to
Withdraw.” In the motion, the attorneys averred that they had unsuccessfully attempted
to confer with Casares; that Casares was “seriously and aggressively not wanting to be
represented by [Harper]”; that the “same situation exists” as to Ramon but without the
“animosity”; that Casares “had very harsh words for . . . Harper as well as the Court”; and
that Casares “may not be mentally ill, but he is dangerous.” In addition, the motion stated:
There is no viable nor constitutionally sound attorney-client relationship and
thus there can be no effective assistance of defense counsel guaranteed to
[Casares]. This situation can only lead to trouble for both defense counsel
of record. [Casares] indicated that he wants to represent himself and to do
so before another District Judge. Not a good omen for his chances in a very
serious case where absolute confidence and communication is necessary
to mount a viable defense. As of now, [Ramon] has no idea nor indication
of what that might be since [Casares] refused to confer with him and instead
wanted me to convey messages as stated above to . . . Harper and the
Court.
Accordingly, Movants . . . Ramon and . . . Harper jointly move to
withdraw in the best interest of justice and to find other defense counsel that
might be able to communicate with the defendant.
At a hearing on June 30, 2023, Ramon asked the trial court to “put on the record”
that Casares’s charged offenses were second-degree felonies because Casares “h[ad] it
35
in his mind that he had a third-degree felony.” Thereafter, the following exchange
occurred:
[Casares]: Harper tells me it’s two.
THE COURT: Don’t say anything. I’m not going to hear from
you anymore.
[Casares]: Okay.
Subsequently, Ramon explained that the State offered Casares a plea bargain and that
Ramon would need time to discuss it with Casares and his family. Ramon also indicated
that Casares wanted a trial and had a “misconception of what’s going on in federal court
and I need time to investigate that and find out.” The trial court then informed Casares of
his charges and that they were second-degree felonies. The trial court next asked Ramon
if he had any objection to allowing Harper to withdraw, and Ramon responded, “No
objection.” The trial court subsequently asked him if there was anything else and Ramon
replied, “Not at this time.” On the same day, the trial court signed its written order granting
the joint motion to withdraw “[a]s to [a]ttorney Jad Harper only. Attorney Ramon will
remain as Counsel of record for the Defendant.”
On appeal, Casares complains that the trial court erred in failing to grant the joint
motion to withdraw as to Ramon. Casares argues that the “grounds for the motion to
withdraw pertained to a [non-]waivable right—effective assistance of counsel” and that
“well-established law requires the court to have made some inquiry into the dissatisfaction
of . . . Casares with his attorney before ruling upon a motion to withdraw premised upon
conflict between attorney and client.” As shown above, the “good cause” cited by the joint
motion to withdraw was that Casares refused to communicate with both of his defense
36
attorneys. The motion asserted that animosity existed between Casares and Harper, but
not between Casares and Ramon. At the June 30, 2023 hearing, Ramon did not elaborate
on the joint motion and the trial court impliedly denied the motion as to Ramon without
further inquiry or explanation. Thus, Casares’s alleged refusal to communicate with
Ramon was the only allegation supporting “good cause” as to Ramon that was before the
trial court at the time it made its ruling. 6 See Williams, 154 S.W.3d at 802.
At most, Casares’s refusal to communicate indicates a personality conflict, which
does not necessitate appointment of new counsel. See Hobbs v. State, 359 S.W.3d 919,
927 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (concluding no abuse of discretion in
denying two separately filed motions to withdraw prompted by appellant’s filing of
meritless grievances to the State Bar of Texas); Maes v. State, 275 S.W.3d 68, 71 (Tex.
App.—San Antonio 2008, no pet.) (concluding same where appellant characterized his
relationship with counsel as “irreparable, antagonistic”); see also Grantham v. State, No.
06-21-00150-CR, 2022 WL 4232914, at *1 (Tex. App.—Texarkana Sept. 14, 2022, no
pet.) (mem. op., not designated for publication) (concluding same where appellant told
the trial court he did “not like or trust [counsel] and did not feel that [counsel] would ‘fight
for [him] . . . at all’” and “accused [counsel] of threatening him, which prompted [counsel]
to notify the trial judge, ‘Almost everything [appellant]’s telling you is a lie’”); Morris v.
6 In his brief, Casares references a handwritten letter to the trial court in which he alleged his
attorneys were “unhelpful.” Casares also requested to “fire” them and obtain new court-appointed counsel.
This letter was file-stamped July 26, 2023, and is included in the appellate record. However, there is no
indication that the trial court was aware of this document at the June 30, 2023 hearing. Therefore, we do
not consider the letter in our analysis. See Haas v. State, 494 S.W.3d 819, 823 (Tex. App.—Houston [14th
Dist.] 2016, no pet.) (“An appellate court must review the trial court’s ruling in light of what was before the
trial court at the time the ruling was made.”).
37
State, No. 12-17-00124-CR, 2018 WL 6321081, at *3 (Tex. App.—Tyler Dec. 4, 2018, no
pet.) (mem. op., not designated for publication) (concluding same where counsel filed two
separate motions premised on appellant’s recurring complaints that counsel was failing
to communicate with him or spend time on his case); Anderson v. State, No. 02-17-00044-
CR, 2018 WL 359635, at *7 (Tex. App.—Fort Worth Jan. 11, 2018, no pet.) (mem. op.,
not designated for publication) (concluding same where counsel notified the trial court
that appellant had “told him that he should consider their relationship severed and asked
him to file the motion to withdraw” and “did not ‘seem to have any interest in any of the
legal advice’” that counsel had to offer); Johnson v. State, 352 S.W.3d 224, 228 (Tex.
App.—Houston [14th Dist.] 2011, pet. ref’d) (observing the prevalence of opinions
examining a trial court’s decision on an attorney’s motion to withdraw based “on
disagreements between counsel and client”).
Under the facts of this case, we hold that the trial court did not abuse its discretion
by denying the joint motion to withdraw as it applied to Ramon. See Coleman, 246 S.W.3d
at 85; Rhomer, 569 S.W.3d at 669. Casares’s second issue is overruled.
IV. INEFFECTIVE ASSISTANCE OF COUNSEL
In his third issue, Casares argues that he suffered from ineffective assistance of
counsel.
A. Standard of Review and Applicable Law
To reverse a conviction based on ineffective assistance of counsel, we must find:
(1) counsel’s representation fell below an objective standard of reasonableness, and
(2) the defendant was prejudiced. Andrus v. Texas, 590 U.S. 806, 813 (2020) (citing
38
Strickland v. Washington, 466 U.S. 668, 688–94 (1984)); Hart v. State, 667 S.W.3d 774,
781 (Tex. Crim. App. 2023). Any claim for ineffectiveness of counsel “must be firmly
founded in the record, and the record must affirmatively demonstrate the alleged
ineffectiveness.” Prine v. State, 537 S.W.3d 113, 117 (Tex. Crim. App. 2017) (citations
omitted); see Hart, 667 S.W.3d at 781.
The appellant bears the burden to prove ineffective assistance of counsel by a
preponderance of the evidence. Perez v. State, 689 S.W.3d 369, 381 (Tex. App.—Corpus
Christi–Edinburg 2024, no pet.) (citing Thompson v. State, 9 S.W.3d 808, 813 (Tex. Crim.
App. 1999)). We employ a strong presumption that counsel’s conduct fell within the wide
range of reasonable, professional assistance and that it was motivated by a sound trial
strategy. Strickland, 466 U.S. at 689; Hart, 667 S.W.3d at 781. We consider “the
reasonableness of counsel’s actions at the time, rather than viewing such actions through
the benefit of hindsight.” Hart, 667 S.W.3d at 782.
To establish prejudice under the second prong, appellant must show “a reasonable
probability that, but for counsel’s unprofessional errors, the result of the proceeding would
have been different.” Strickland, 466 U.S. at 694. “A reasonable probability is a probability
sufficient to undermine confidence in the outcome.” Id. “An appellant’s failure to satisfy
one prong of the Strickland test negates a court’s need to consider the other prong.”
Williams v. State, 301 S.W.3d 675, 687 (Tex. Crim. App. 2009). Accordingly, failure to
make a showing under either Strickland prong defeats a claim for ineffective assistance.
Perez v. State, 310 S.W.3d 890, 893 (Tex. Crim. App. 2010) (citing Thompson, 9 S.W.3d
at 813).
39
B. Analysis
1. Failure to File Competency Motion
Casares argues that Ramon was ineffective for failing to file a motion suggesting
incompetency. See TEX. CODE CRIM. PROC. art. 46B.004(a). The record is silent as to the
reasons why Ramon did not file a motion suggesting incompetency. See Thompson, 9
S.W.3d at 813–14. However, we have thoroughly analyzed the competency issue above
and concluded that the trial court did not abuse its discretion in determining there was no
evidence suggesting that Casares was incompetent during his trial. Thus, Casares has
not overcome the strong presumption that Ramon’s conduct was “within the wide range
of reasonable professional assistance.” See Strickland, 466 U.S. at 689; Ex parte
LaHood, 401 S.W.3d 45, 57 (Tex. Crim. App. 2013) (noting that, to prevail in a claim of
ineffective assistance of counsel based on the failure of counsel to seek a full competency
evaluation, “there must be some affirmative showing that the [defendant] lacked ‘sufficient
present ability to consult with the person’s lawyer with a reasonable degree of rational
understanding’ or ‘a rational as well as factual understanding of the proceedings against
the person’”); Thompson, 9 S.W.3d at 813.
2. Waiver of Statutory Right to Be Present During Voir Dire 7
Casares next argues that Ramon was ineffective for waiving Casares’s statutory
right to remain in the courtroom during voir dire. “Texas law provides that the right to be
present during voir dire . . . cannot be waived.” Smith v. State, 534 S.W.3d 87, 91 (Tex.
App.—Corpus Christi–Edinburg 2017, pet. ref’d) (cleaned up); see also U.S. CONST.
7 Casares does not raise a claim that his constitutional rights were violated.
40
amend. VI; TEX. CONST. art. I, §§ 10, 19; Lira v. State, 666 S.W.3d 498, 511 (Tex. Crim.
App. 2023) (“[T]he right to be present in the courtroom at every stage of trial is guaranteed
by the Confrontation Clause of the Sixth Amendment.”); TEX. CODE CRIM. PROC. ANN. art.
33.03 (“In all prosecutions for felonies, the defendant must be personally present at the
trial”). Until the jury is seated, a defendant has an absolute right to be present during the
voir dire. See Smith, 534 S.W.3d at 91; see also Ashley v. State, 404 S.W.3d 672, 681
(Tex. App.—El Paso 2013, no pet.) (holding that it violated article 33.03 when the trial
court conducted voir dire proceedings without the defendant even though the defendant
had voluntarily absented himself from the proceedings).
After the trial court removed Casares for interrupting the proceedings during jury
selection, the trial court asked Ramon if he agreed with Casares’s removal, and Ramon
responded that he agreed and that it was in the “best interest of [Casares] that he be
allowed to participate through [Z]oom. If this were to happen in front of the jury, it would
be certainly not to his advantage at all.” However, Ramon was not at liberty to waive
Casares’s presence at voir dire. See TEX. CODE CRIM. PROC. ANN. art. 33.03; Smith, 534
S.W.3d at 91. We assume without deciding that Ramon’s action in waiving Casares’s
right to be present during voir dire was deficient and analyze whether Casares suffered
the requisite level of prejudice as a result. See Thompson, 9 S.W.3d at 812.
In order to determine whether the result of this proceeding would have been
different but for Ramon’s actions, it is prudent to first determine whether the trial court’s
decision to exclude Casares from the courtroom for voir dire was harmless error. When
a trial court commits statutory error, an appellate court may not reverse unless it
41
determines that the error affected a substantial right. TEX. R. APP. P. 44.2(b). “A
substantial right is affected when the error (1) had a substantial and injurious effect or
influence in determining the jury’s verdict or (2) leaves one in grave doubt whether it had
such an effect.” Ashley, 404 S.W.3d at 681 (cleaned up). “A substantial right is not
affected and the error is harmless if, after reviewing the entire record, the appellate court
determines the error did not influence, or had only a slight influence, on the trial’s
outcome.” Id.
The court of criminal appeals has held no violation of substantial rights occurs
during voir dire unless the record shows the defendant was actually denied a fair and
impartial jury. See Ladd v. State, 3 S.W.3d 547, 562 (Tex. Crim. App. 1999). Nothing in
the record before us shows that the jury selected in Casares’s absence was unfair or
impartial. See Gray v. State, 233 S.W.3d 295, 298–99 (Tex. Crim. App. 2007) (concluding
that appellant’s only substantial right is that jurors who serve be qualified); Ladd, 3 S.W.3d
at 562 (holding no violation of substantial rights occurred during voir dire where record
did not show that defendant was denied fair and impartial trial). Accordingly, we cannot
conclude that Ramon’s waiver of Casares’s right to be present during voir dire, even if
improper, had a prejudicial effect on the outcome of Casares’s trial. See Andrus, 590 U.S.
at 813–14; Strickland, 466 U.S. at 694. In other words, Casares has not shown that the
result of his proceeding would have been different but for the alleged deficiency. See
Thompson, 9 S.W.3d at 812.
42
3. “Disparaging Comment”
Casares argues that Ramon’s “disparaging comment about [Casares] being
‘uncooperative’ was unnecessary and disloyal to [Casares].” Casares provides no
authority supporting the assertion that such comments constitute deficient performance.
See TEX. R. APP. P. 38.1(i) (“The brief must contain a clear and concise argument for the
contentions made, with appropriate citations to authorities and to the record”).
Furthermore, the record indicates that the complained-of comment was uttered to the trial
court outside the presence of the venire panel, after Casares was removed from the
courtroom for his disruptive behavior. Because the comment was not heard by any
individuals that may have comprised the jury, Casares has not shown he suffered any
prejudice from the alleged deficiency. See Thompson, 9 S.W.3d at 812.
4. Disclosure of Plea Agreement
Casares contends that Ramon’s “public disclosure of the specific terms of the plea
offer that [Casares] rejected also showed disloyalty and violated his client’s right to
confidential communications with counsel” and did not advance his interest. In support of
his argument, Casares cites a singular concurring-and-dissenting opinion without
elaboration. See Monreal v. State, 947 S.W.2d 559, 567 n.3 (Tex. Crim. App. 1997) (Bard,
J., concurring and dissenting).
In Monreal, defense counsel questioned the appellant regarding plea negotiations
before the judge during the punishment phase of the appellant’s bench trial. Id. at 561–
62. On petition for discretionary review, the Texas Court of Criminal Appeals affirmed the
Fourth Court of Appeals’s holding that the appellant did not demonstrate that counsel
43
rendered ineffective assistance due to a conflict of interest. 8 See id. at 560–565. Unlike
the facts in Monreal, the disclosure of the terms of the plea agreement in this case were
not presented to the jury. Instead, the information was presented to the trial court outside
the presence of the jury. Therefore, Monreal is not applicable to the instant case. Casares
presents no further argument. See TEX. R. APP. P. 38.1(i). We conclude Casares has not
shown his counsel was ineffective for disclosing the terms of the plea agreement to the
trial court. See Thompson, 9 S.W.3d at 812.
5. “Non-Existent” Counsel
Casares contends that his attorney-client relationship with Ramon “never existed,”
citing the previously discussed joint motion to withdraw and Casares’s subsequent letter
by which he claimed both his attorneys were “unhelpful” and requested new court-
appointed counsel.
In particular, Casares claims Ramon was ineffective for failing to “urge” the joint
motion to withdraw as it pertained to Ramon, which we construe as an argument that
Ramon failed to object to the trial court’s ruling on the motion. To establish ineffective
assistance of counsel based on a failure to object, Casares “must demonstrate that the
trial court would have committed harmful error in overruling the objection if trial counsel
8 The majority held there was no actual conflict of interest created when defense counsel
questioned the appellant regarding plea negotiations. See Monreal v. State, 947 S.W.2d 559, 565 (Tex.
Crim. App. 1997). Furthermore, the majority held that the Fourth Court of Appeals applied the correct legal
standard and considered relevant factors in holding that the appellant had not demonstrated his defense
counsel was deficient under the first prong of the Strickland test. See id. at 562–65. In contrast, J. Bard
opined that “[t]he first prong of Strickland was met when trial counsel demonstrated an actual conflict of
interest by abandoning the interests of her client to protect herself against some future action by [the]
appellant.” Id. at 567 (Bard, J. concurring and dissenting). “The effect of the conflict was to place before the
fact finder evidence which is inadmissible under TEX. R. EVID. 410.” Id. However, J. Bard opined that the
appellant had not proven the second prong of Strickland. See id. at 567–68.
44
had objected.” Alexander v. State, 282 S.W.3d 701, 705 (Tex. App.—Houston [14th Dist.]
2009, pet. ref’d). However, as discussed above, Casares’s refusal to communicate with
Ramon indicated nothing more than a personality conflict that did not necessitate
appointment of new counsel, and the trial court did not abuse its discretion in denying the
joint motion to withdraw as it pertained to Ramon. Ramon was under no obligation to
make a further objection to an adverse ruling on a motion which was duly filed and
presented to the trial court. See Mooney v. State, 817 S.W.2d 693, 698 (Tex. Crim. App.
1991) (“Counsel is not required to engage in the filing of futile motions.”). Thus, we reject
this argument. See Alexander, 282 S.W.3d at 705.
Casares points to Ramon’s statements to the trial court, outside the presence of
the jury, that Ramon had not had “a single conference” with Casares after taking over the
case, that Ramon was not aware what Harper had discussed with Casares, and that
Ramon had not discussed the extraneous offense testimony of Paula with Casares. 9
However, these statements were made in connection with Ramon’s objection to
admission of Paula’s extraneous offense testimony. See TEX. CODE CRIM. PROC. ANN. art.
38.37. Ramon requested that Paula testify regarding the extraneous offense in a pretrial
hearing to “give [Casares] an idea of what’s going on.” The record establishes that Paula
testified about the extraneous offenses at a hearing outside the presence of the jury, with
Casares present. Casares does not explain how his proceeding would have been different
9 We are mindful that the record establishes that Casares refused to communicate, assist, or
cooperate with both of his court-appointed attorneys throughout the pendency of his case.
45
had he and Ramon discussed Paula’s extraneous offense testimony, or the State’s
evidence in general, prior to trial. See Thompson, 9 S.W.3d at 813–14.
Casares generally cites Ramon’s statements to the trial court during various pre-
trial hearings and the trial itself to exemplify the continuous conflict between them. While
Ramon indicated to the trial court that “the attorney-client relationship here is very weak
if not non-existent,” the record does not support a conclusion that he provided ineffective
assistance. The record demonstrates that Ramon engaged in vigorous cross-
examination of the State’s witnesses, lodged several objections to the admission of
various evidence offered by the State, and presented witnesses on behalf of Casares’s
defense. The record also establishes that Ramon attended various pretrial hearings,
including one where Casares voluntarily absented himself by refusing to leave his cell.
The totality of the representation demonstrates that Ramon did not provide ineffective
assistance. See Thompson, 9 S.W.3d at 813. Accordingly, Casares’s third issue is
overruled.
V. CONCLUSION
We affirm the trial court’s judgment.
CLARISSA SILVA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
22nd day of May, 2025.
46
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