Opinion
05-23-00754-CR
08-04-2023
JEREMY WARREN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F20-00088
ORDER
ERIN A. NOWELL, JUSTICE
Before the Court are the "Pro Se Notice of Appeal and Request for Appointment of Appellate Counsel," the "Motion to Extend Time for Filing Notice of Appeal," and the "Motion to Withdraw as Assumed Counsel on Appeal." The notice of appeal and motion for extension are signed by attorney Kristin R. Brown, who states she signed and filed the documents "on behalf of Pro-se Defendant." Appellant did not personally sign any of the documents. There is no such thing as a pro se document signed by an attorney. "Pro se" means, "For oneself; on one's own behalf; without a lawyer." Pro se, BLACK'S LAW DICTIONARY (8th ed. 2004) ("pro se" as adjective). It also means, "One who represents oneself in a court proceeding without the assistance of a lawyer." Id. ("pro se" as noun). Because an attorney signed the notice of appeal and motion for extension of time to file the notice of appeal, appellant was not "pro se" regardless of the document's statements. By signing the notice of appeal, Ms. Brown became the attorney of record for appellant in these appeals.
We GRANT the motion for extension of time to file notice of appeal, and appellant's notice of appeal is considered timely for jurisdictional purposes.
We GRANT Ms. Brown's motion to withdraw as counsel for appellant, and we DIRECT the Clerk to remove Ms. Brown as appellant's counsel of record.
We ORDER the trial court to appoint new counsel to represent appellant in this appeal. We ORDER the trial court to transmit a copy of the order appointing new counsel to this Court within FIFTEEN DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4, Dallas County; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to Jeremy Warren, TDCJ No. 02375388, Coffield Unit, 2661 FM 2054, Tennessee Colony, TX 75884.
We ABATE the appeal to allow the trial court to comply with this order. We will reinstate the appeal when we receive the order appointing new counsel or at such other time as the Court deems appropriate.