Chapman v. State

Full title: INGA JURI CHAPMAN, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Ninth District of Texas at Beaumont

Date published: May 5, 2016

NO. 09-14-00298-CR (Tex. App. May. 5, 2016)

Opinion

NO. 09-14-00298-CR

05-05-2016

INGA JURI CHAPMAN, Appellant v. THE STATE OF TEXAS, Appellee

PER CURIAM

On Appeal from the County Court at Law No. 4 Montgomery County, Texas
Trial Cause No. 11-271634

ORDER

The sole issue presented in the appeal of Inga Juri Chapman consists of her complaint that the trial court erred by denying her request for appointed counsel for her appeal. The record contains the trial court's order finding that Chapman is not indigent, but the State concedes that no record was made of a hearing on Chapman's motion for appointment of appellate counsel. After examining the briefs and the record, we conclude that a further hearing is necessary for this Court to review the trial court's denial of the appellant's request for court-appointed counsel on appeal.

It is, therefore, ORDERED that the appeal is abated and the case is remanded to the trial court for a hearing to determine whether the appellant is indigent and entitled to have the court appoint counsel to represent her in the appeal. The trial court shall secure the personal attendance of the appellant at the hearing. In determining whether appellant is indigent, the trial court may consider the factors set forth in article 26.04(m), Texas Code of Criminal Procedure, and shall have the appellant complete the questionnaire required by article 26.04(n), Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 26.04 (West Supp. 2015). If the appellant is not represented by retained counsel, is indigent, and does not waive her right to counsel, then the trial court shall appoint counsel to represent the appellant. If the trial court determines that the appellant is not indigent, the trial court shall reduce its findings to writing and forward them to this Court.

The supplemental clerk's record containing any orders and findings made by the trial court and a reporter's record of any hearings conducted pursuant to this Order shall be filed with the Court of Appeals by June 6, 2016.

ORDER ENTERED May 5, 2016.

PER CURIAM Before Kreger, Horton, and Johnson, JJ.