Opinion
Appellate case number: 01-15-00377-CR
06-04-2015
Henry Guedes Pages v. The State of Texas
ORDER Trial court case number: C-1-CR-14-400141 Trial court: County Court at Law No. 8 of Travis County
Appellant's brief was due on May 29, 2015. On May 23, 2015, appellant, acting pro se, filed a document purporting to be an appellate brief. The document, however, fails to comply with any of the requirements for an appellant's brief. See TEX. R. APP. P. 38.1. Further, the trial court appointed counsel to represent appellant on appeal, and appellant is not entitled to hybrid representation. See Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004). Finally, although appellant states in his purported brief that he "decided to represent [himself]," appellant does not have a right to self-representation on appeal. See id.; Buntion v. Harmon, 827 S.W.2d 945, 948 (Tex. Crim. App. 1992); Crawford v. State, 136 S.W.3d 417, 418 (Tex. App.—Corpus Christi 2004, order); Cormier v. State, 85 S.W.3d 496, 497-98 (Tex. App.—Houston [1st Dist.] 2002, order); Hadnot v. State, 14 S.W.3d 348, 350 (Tex. App.—Houston [14th Dist.] 2000, order).
Appellant also attached a number of exhibits to his purported brief. We cannot, however, consider documents attached as exhibits to briefs. See Till v. Thomas, 10 S.W.3d 730, 733 (Tex. App.—Houston [1st Dist. 1999, no pet.).
Accordingly, we strike the purported brief filed by appellant pro se. Further, because the time for filing appellant's brief has now expired, we order appellant's counsel to file either a brief on appellant's behalf or a motion to extend time to file a brief within 10 days of the date of this order. Unless either an appellant's brief or a motion requesting an extension of time is filed within 10 days of the date of this order, this case will be abated for a hearing in the trial court pursuant to Texas Rule of Appellate Procedure 38.8(b).
It is so ORDERED. Judge's signature: /s/ Chief Justice Sherry Radack
[×] Acting individually [ ] Acting for the Court
Date: June 4, 2015