Joshua Ray Temple v. State, 06-19-00015-CR

In late 2018 Officer Padier pursued Temple for expired registration and speeding; a pursuit ended when Temple reversed, struck a telephone pole, and was arrested.
Indictment charged evading arrest/detention with a motor vehicle, alleged use of the vehicle as a deadly weapon, and alleged two prior felonies (enhancements).
Court-appointed counsel David Turner met with Temple several times shortly before trial; after a December 28 meeting Temple became irate and counsel filed to withdraw, citing an inability to communicate.
The trial court denied the motion to withdraw; on January 2, 2019 Temple orally moved for a 30-day continuance to obtain new counsel; the court denied that motion as well.
A jury convicted Temple on the charged offense, found deadly-weapon and enhancement allegations true, and the court sentenced him to 40 years.
On appeal Temple argued ineffective assistance of counsel, error in denying counsel’s motion to withdraw, and error in denying the continuance; the court affirmed.

Issue	Plaintiff's Argument (Temple)	Defendant's Argument (State)	Held
Ineffective assistance of counsel	Counsel failed to prepare (met days before trial) and harbored personal animus, depriving Temple of effective assistance	Counsel met with Temple multiple times, obtained discovery, and zealously represented Temple at trial; animus did not affect performance	Rejected — Temple failed to show deficient performance or prejudice under Strickland
Denial of counsel's motion to withdraw	Counsel’s personal animus justified withdrawal	Denied motion was a manipulation to delay trial; defendant sought continuance and repeated attempts to replace counsel	Affirmed — trial court within discretion; evidence supported finding Temple sought delay
Denial of oral motion for continuance	Requested 30-day continuance on day of voir dire to secure new counsel and prepare	Motion was unsworn and oral; statutory rule requires written sworn motion to preserve error	Affirmed — issue forfeited for appeal because no sworn written motion was filed

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)
Robertson v. State, 187 S.W.3d 475 (Tex. Crim. App. 2006) (right to counsel does not guarantee errorless representation)
Ex parte Imoudu, 284 S.W.3d 866 (Tex. Crim. App. 2009) (applying Strickland standards in Texas postconviction context)
King v. State, 29 S.W.3d 556 (Tex. Crim. App. 2000) (trial court discretion to deny counsel withdrawal; conflicts not automatically grounds to withdraw)
Anderson v. State, 301 S.W.3d 276 (Tex. Crim. App. 2009) (unsworn oral motions for continuance do not preserve error for appeal)