### IN THE TENTH COURT OF APPEALS
No. 10 - 14 - 00269 - CR JAMES GLYNN KEETON , Appellant v. THE STATE OF TEXAS , Appellee

From the County Court at Law No
. 2 McLennan County, Texas Trial Court No. 2013
- 2046 - CR2

MEMORANDUM OPINION
James Glynn Keeton was convicted of the offense of possession of marijuana, under two ounces, and sentenced to 140 days in jail. See T EX
. H EALTH & S AFETY C ODE A NN . § 481.121(a), (b)(1) (West 2010). Because the trial court adequately warned Keeton
of the dangers and disadvantages of self

- representation, Keeton’s waiver of counsel was knowing and intelligent. The trial court’s judgment is affirmed. Keeton was arrested for possession of marijuana after a traffic stop. Before trial,Keeton v. State Page 2

he decided to waive his right to counsel and proceed to trial acting as his own counsel. Keeton does not question the sufficiency of the evidence on appeal; thus, no further recitation of the facts is necessary. In his sole issue on appeal, Keeton contends his waiver of his r ight to counsel was not knowingly and intelligently made. Specifically, Keeton argues that the trial court failed to make him aware of the “dangers and disadvantages of self

representation.”
S ELF - R EPRESENTATION The United States Supreme Court's foundation al "self

- representation" case, Faretta v. California , held that the Sixth and Fourteenth Amendments include a "constitutional right to proceed without counsel when" a criminal defendant "voluntarily and intelligently elects to do so." Indiana v. Edwards , 554 U.S. 164, 128 S. Ct. 2379, 171 L. Ed. 2d 345 (2008); Faretta v. Cal ., 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975). Once the right is asserted, the trial judge must inform the defendant about "the dangers and disadvantages of self

- representat ion, so that the record will establish that 'he knows what he is doing and his choice is made with eyes open."' Faretta , 422 U.S. at 835 (quoting Adams v. United States , 317 U.S. 269, 279, 63 S. Ct. 236, 87 L. Ed. 268 (1942)). When advising a defendant a bout the dangers and disadvantages of self

- representation, there is no litany for the trial court to use and "no formulaic questioning." Johnson v.
State , 760 S.W.2d 277, 278 (Tex. Crim. App. 1988) (quoting Blankenship v. State , 673Keeton v. State Page 3

S.W.2d 578, 583 (Tex. Crim. App. 1984)). Admonishments should include an effort to ensure that the defendant is aware of the practical disadvantages of representing
himself. Id . Further, a defendant should be aware that there are technical rules of evidence and procedure, an d he will not be granted any special consideration solely because he asserted his pro se rights. Id . at 279. The trial judge is responsible for determining whether a defendant's waiver is knowing, intelligent, and voluntary. Williams v. State , 252 S.W.3d 353, 356 (Tex. Crim. App. 2008). To assess whether a waiver is effective, courts consider the totality of the
circumstances. Id . This means that courts must examine "the particular facts and circumstances surrounding that case, including th e background, experience, and
conduct of the accused. Id

. A DMONISHMENTS AND E XPLANATIONS In the case at hand, the trial court made the following inquiries of and explanations and admonishments to Keeton:

 inquired into Keeton’s level of education, which in cluded associates degrees in both Aeronautical Science and Arts;

 informed Keeton about the range of punishment for his case;

 explained the role of the court and the District Attorney after Keeton inquired about an unfiled resisting arrest out of the same incident as the current case;

 explained that Keeton had the right to counsel and that counsel would be appointed if Keeton was too poor to hire counsel;

 explained that Keeton could withdraw his request to represent himself and retainKeeton v. State Page 4

an attorney at any time during the course of the proceedings;

 explained that anything that occurred prior to retaining counsel would remain in place and Keeton would not be allowed to go back and restart the process;

 explained that, if Keeton made an error that affects the outcome of his case, by hiring an attorney later he may not be able to repair the error;

 admonished Keeton that even with an associate’s degree from college he was not qualified to practice law;

 admonished Keeton that he would have the responsibility of knowing the rules of evidence, procedure, local rules, time limits, deadlines and similar things under the law; and

 admonished Keeton that the court would not give any legal advice and would not correct any mistake that Keeton may make.
Keeton indicated that he understood all the trial court’s explanations and
admonishments. Additionally, the trial court had previously ordered a competency evaluation of
Keeton which was before the court at the time of the self

- representation admonishments. The competency evaluation specifically inquired into Keeton’s age, background, education, and prior criminal history. The evaluation revealed no mental impairment or distorted thought processes and also revealed that Keeton’s intelligence was functioning in the middle of the normal range of intelligence.
A RGUMENT Keeton advocates using the federal guide to determine whether Keeton was adequately admonished by the trial court. However, the Court of Criminal Appeals hasKeeton v. State Page 5

said that “no litany, ‘no formulaic questioning’ ” is required. Johnson v. State , 760 S.W.2d 277, 278, (Tex. Crim. App. 1988). Accordingly, we decline to evaluate the trial court’s admonishments based on the federal guide. Keeton also seems to argue that because the trial court did not specifically tell Keeton that he would be treated the same as an attorney, the court’s admonishments were deficient. Again, there is no formulaic questioning required. Further, while a defendant should be informed that he will not be granted any special consideration
bec ause he is proceeding pro se, in this case, the trial court, albe i t indirectly, informed Keeton that he would have no special consideration by telling Keeton he could not restart the process on anything such as rulings on motions if Keeton subsequently hir ed counsel, subsequently hired counsel may not be able to correct any error previously made by Keeton, and the trial court could not give Keeton legal advice or correct Keeton if he was making a mistake. The fact that the trial court did not use the speci fic
admonishments from another case that were found to be sufficient , see Burgess v. State , 816 S.W.2d 424 (Tex. Crim. App. 1991), is of no consequence.
C ONCLUSION Viewing the record in its entirety and based on the totality of the circumstances,
we find the trial court adequately admonished Keeton of the dangers and disadvantages of self

- representation, and thus, Keeton knowingly and intelligently waived his right to counsel. Keeton’s sole issue is overruled.Keeton v. State Page 6

Having overruled Keeton’s sole issue, we a ffirm the trial court’s judgment.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Affirmed Opinion delivered and filed October 22, 2015 Do not publish [CR25]