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Butler v. State

Fourth Court of Appeals San Antonio, Texas
Nov 9, 2017
No. 04-17-00500-CR (Tex. App. Nov. 9, 2017)

Opinion

No. 04-17-00497-CR

11-09-2017

Peggy Sue BUTLER, Appellant v. The STATE of Texas, Appellee


From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A15412
Honorable N. Keith Williams, Judge Presiding

ORDER

Appellant has filed numerous pro se documents in the above-referenced case. One of the filings is a letter stating she is indigent and complaining she has not been appointed appellate counsel. We construe this letter as a motion for appointed appellate counsel. However, in this appeal, we have notified appellant the record shows she has no right of appeal. We have issued two orders directing appellant to file a response showing why this appeal should not be dismissed under Texas Rule of Appellate Procedure 26.2. The deadline for appellant's response is currently November 20, 2017.

In light of appellant's motion for appointed appellate counsel, we abate this appeal and remand the case to the trial court for the limited purpose of determining whether appellant is indigent and entitled to appointed counsel. We order the Kerr County District Clerk, Robbin Burlew, to file a supplemental clerk's record containing the trial court's order on the motion within 10 days of its signing. We further order appellant or, if the trial court appoints counsel, appellant's counsel to file the response to this court's October 20, 2017 order directing appellant to show why this appeal should not be dismissed. We order the response due within 15 days of the trial court's order on appellant's motion for appointment of appellate counsel.

Appellant is advised: (1) this court will take no action on appellant's other motions until appellant's response to our October 20, 2017 order has been filed; (2) this order applies only to the above-referenced case and does not apply to any civil appeal appellant has pending in this court; and (3) if the trial court appoints counsel, appellant will not be entitled to "hybrid representation," meaning that we will only be able to respond to and rule on documents filed by appellant's attorney. See Ex parte Taylor, 36 S.W.3d 883, 887 (Tex. Crim. App. 2001); Flores v. State, 625 S.W.2d 44, 47 (Tex. App.—San Antonio 1981, pet. ref'd).

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of November, 2017.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Butler v. State

Fourth Court of Appeals San Antonio, Texas
Nov 9, 2017
No. 04-17-00500-CR (Tex. App. Nov. 9, 2017)
Case details for

Butler v. State

Case Details

Full title:Peggy Sue BUTLER, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 9, 2017

Citations

No. 04-17-00500-CR (Tex. App. Nov. 9, 2017)