Flores v. State

Full title: Reynaldo FLORES, Appellant v. The STATE of Texas, Appellee

Court: Fourth Court of Appeals San Antonio, Texas

Date published: Jun 5, 2013

No. 04-12-00815-CR (Tex. App. Jun. 5, 2013)

Opinion

No. 04-12-00815-CR

06-05-2013

Reynaldo FLORES, Appellant v. The STATE of Texas, Appellee

Sandee Bryan Marion

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR1969

Honorable Melisa Skinner, Judge Presiding

ORDER

Appellant filed a pro se Motion to Dismiss Appointed Counsel asking that he be allowed to represent himself on appeal. Appellant was represented on appeal by appointed counsel, Vincent D. Callahan. On April 3, 2013, this court abated this cause to the trial court to conduct a hearing at which appellant, Mr. Callahan, and State's counsel would be present on appellant's motion. On May 16, 2013, the trial court entered the following findings: (1) appellant desires to prosecute his appeal; (2) appellant wishes to discharge his appointed attorney and proceed with his appeal pro se; (3) appellant's waiver of assistance of counsel is made voluntarily, knowingly and intelligently; (4) appellant is fully aware of the dangers and disadvantages of self-representation; and (5) appellant's decision to proceed pro se is not appellant's best interest; however, Mr. Callahan is allowed to withdraw and appellant is allowed to represent himself on appeal pro se.

Accordingly, on May 31, 2013, this court ordered the District Clerk of Bexar County to prepare and send a full and complete duplicate copy of the clerk's record and the reporter's record for Cause No. 2012-CR-1969 to appellant Reynaldo Flores, SID# 961543, at the Bexar County Jail, 200 N. Comal, San Antonio, Texas 78207, no later than June 11, 2013. The district clerk was also ordered to file written proof with this court showing the date that a copy of the record has been sent to appellant no later than June 11, 2013. Finally, our order stated that appellant's pro se brief was due July 15, 2013, and appellant was reminded that his brief must comply with Texas Rule of Appellate Procedure 38.

On June 3, 2013, appellant filed a motion for extension of time in which to file his brief. Because appellant's brief is not due until July 15, 2013, the motion is DENIED AS MOOT.

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Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of June, 2013.

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Keith E. Hottle

Clerk of Court