Opinion
No. 05-14-00429-CR
10-20-2014
NATISHA MORGAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas
Trial Court Cause No. F12-71566-K
ORDER
Appellant filed a pro se notice of appeal after her community supervision was revoked and she was sentenced to five years' imprisonment. The clerk's and reporter's record have been filed. However, the record before the Court does not reflect that counsel has been appointed to represent appellant on the appeal, but she was represented by court-appointed counsel during the revocation proceedings. The Court has before it appellant's pro se October 16, 2014 motions to have counsel appointed and to extend time to file appellant's brief.
We GRANT the motion to appoint counsel as follows.
We ORDER the trial court to make findings regarding whether appellant is indigent and entitled to court-appointed counsel on this appeal. If the trial court finds appellant is indigent, we ORDER the trial court to appoint counsel to represent appellant on appeal.
If the trial court finds appellant is not indigent, the trial court shall determine whether appellant has retained counsel for the appeal. If appellant has retained counsel, the trial court shall make a finding as to the name, State Bar number, and contact information for counsel.
If appellant decides that she does not wish to be represented by counsel, the trial court shall advise appellant of the following:
• The trial court shall first advise appellant that she does not have the right to court-appointed counsel of her choice. See Buntion v. Harmon, 827 S.W.2d 945 (Tex. Crim. App. 1992); Sampson v. State, 854 S.W.2d 659 (Tex. App.-Dallas 1992, no pet.).
• The trial court shall next advise appellant of the dangers and disadvantages of self-representation. See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987). The trial court shall further advise appellant that she does not have the right to hybrid representation.
• If the trial court determines appellant's waiver of counsel is knowing and voluntary, it shall provide appellant with a statement in substantially the form provided in article 1.051(g) of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 1.051(g).
We ORDER the trial court to transmit a supplemental record containing the written findings of fact, any supporting documentation, and any orders to this Court within THIRTY DAYS of the date of this order. If the trial court determines appellant's waiver of counsel is knowing and voluntary, the supplemental record shall contain appellant's signed, written waiver in substantially the form provided by article 1.051(g).
The Court will DEFER ruling on the pro se motion to extend time to file appellant's brief pending receipt of the trial court's findings.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4, and to Michael Casillas, Dallas County District Attorney's Office.
We DIRECT the Clerk to send a copy of the order by first-class mail, to Natisha Morgan, TDCJ No. 1920111, Mountain View Unit, 2305 Ransom Road, Gatesville, TX 76528.
The appeal is ABATED to allow the trial court to comply with this order. It shall be reinstated thirty days from the date of this order or when the findings are received.
/s/ ADA BROWN
JUSTICE