Opinion
05-23-01203-CR
02-21-2024
BILLY ROY HIGH, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 004-83825-2020.
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE.
Appellant appears to be pro se in this appeal. The clerk's record and some of appellant's filings in this Court indicate he may be indigent and therefore entitled to appointed counsel on appeal.
We ORDER the trial court to hold a hearing on the record within TWENTY DAYS of the date of this order and determine whether appellant is indigent. If appellant is not indigent, the trial court shall make a finding whether appellant has counsel. If appellant is not indigent and is not represented by counsel, the trial court shall admonish appellant concerning the dangers of self-representation. If appellant is indigent, the trial court shall find whether appellant desires to be represented by appointed counsel. If appellant is indigent and does not desire to be represented by appointed counsel, the trial court shall admonish appellant concerning the dangers of self-representation. If appellant is indigent and desires to be represented by appointed counsel, the trial court shall appoint counsel for appellant. If appellant is indigent and continues after the trial court's admonishment to desire to represent himself on appeal, the trial court shall find whether appellant's decision to represent himself is competently and intelligently made, including whether he is aware of the dangers and disadvantages of self-representation on appeal, and whether allowing appellant to represent himself is in his best interest, the best interest of the State, and in furtherance of the proper administration of justice.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, including the identity of appellant's retained or appointed counsel, if any, to this Court within THIRTY DAYS of the date of this order.
We ORDER the court reporter for the hearing to file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order by electronic transmission to the Honorable David Rippel, Presiding Judge, County Court at Law No. 4, Collin County; Michael Gould, Collin County District Clerk; Denise Condran, Official Court Reporter, County Court at Law No. 4; appellant; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to Billy R. High, Jr., 327 Penguin Dr., Dallas, TX 75241.