Jason Wayne Frizzell v. State
12-14-00069-CR
| Tex. App. | Feb 27, 2015Background
- Appellant Jason Wayne Frizzell was indicted and convicted of Injury to a Child, with a prior felony used to enhance punishment to a second-degree felony.
- Frizzell repeatedly sought to represent himself and filed pro se motions before and after indictment.
- The trial court conducted multiple Faretta admonitions, warned about procedural/evidentiary rules, and offered appointed counsel, which Frizzell declined.
- At trial Frizzell represented himself; the child-victim (his nephew) testified that Frizzell hit him in the chest, causing pain, a red mark, and breathing difficulty.
- Frizzell left the scene and was later apprehended; the jury convicted and the State appealed to affirm the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in allowing pro se representation and denying access to law‑library materials | State: Faretta requires honoring a valid waiver; Frizzell knowingly, intelligently, and voluntarily waived counsel and thus forfeited benefits like access to attorney research | Frizzell: Denial of direct access to legal research/library thwarted due process and impaired self‑representation | Court held waiver was valid; no due process violation in denying separate law‑library access once Frizzell declined appointed counsel |
| Whether evidence was legally sufficient to support Injury to a Child conviction | State: Victim’s testimony established intentional bodily injury to a child under 14; apply Jackson/Brooks standard and defer to jury | Frizzell: (implicit) challenges sufficiency of evidence | Court held evidence was sufficient when viewed in the light most favorable to the verdict; conviction sustained |
Key Cases Cited
- Blankenship v. State, 673 S.W.2d 578 (Tex. Crim. App.) (trial court must thoroughly admonish defendant who waives counsel)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (Jackson legal‑sufficiency standard governs review; defer to jury credibility)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (defendant has right to self‑representation but must knowingly and intelligently waive counsel)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (waiver of counsel must be competent, knowing, intelligent, and voluntary)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (legal‑sufficiency standard: view evidence in light most favorable to verdict)
- United States v. Wilson, 666 F.2d 1241 (9th Cir.) (no Sixth Amendment right to independent access to law‑library research when adequate access via counsel is available)