Rubalcado v. State

424 S.W.3d 560 (2014)

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Rubalcado v. State

Texas Court of Criminal Appeals
424 S.W.3d 560 (2014)

Facts

Robert Rubalcado (defendant) was released on bail during the pendency of a sexual-assault case that the state (plaintiff) filed against him in Odessa, Texas. Shortly after, police in Midland, Texas, commenced a criminal investigation of Rubalcado for allegedly sexually abusing J.S. while Rubalcado lived with J.S. and her mother in Midland before they moved to Odessa. J.S. was the alleged victim in the Midland investigation and pending Odessa case. During their investigation, Midland police asked J.S. to call Rubalcado on her cell phone and record the conversation using recording equipment provided by police. J.S. agreed to make three separate calls to Rubalcado. Police did not instruct J.S. what to say. J.S. asked Rubalcado why he had touched and had sex with her. The state introduced the calls recorded by Midland police at trial in the Odessa case. Rubalcado objected to the evidence as a violation of his Sixth Amendment right to counsel. The trial court overruled the objection. Rubalcado was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Keller, J.)

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