Opinion
No. 04-19-00292-CR No. 04-19-00293-CR
07-16-2020
Gerald Edwin HODGES, Appellant v. THE STATE OF TEXAS, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR8989 &2018CR8986
Honorable Jefferson Moore, Judge Presiding
ORDER
Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
On May 13, 2020, this court affirmed the trial court's judgment sentencing appellant to two years' state jail for the offense of possessing marijuana and ten years' imprisonment for the offense of possessing cocaine, with the sentences to run concurrently. See Hodges v. State, No. 04-19-00292-CR, 2020 WL 2441369 (Tex. App.—San Antonio May 13, 2020, no pet. h.). Appellant has been represented by appointed counsel in this court. On June 26, 2020, appellant filed a request for appointed counsel, presumably to file a petition for discretionary review in the Texas Court of Criminal Appeals.
The Texas Court of Criminal Appeals has held that until the judgment of the court of appeals becomes final, "the appellate lawyer still represents his client and remains under a duty to provide him with satisfactory legal counsel." See Ex parte Owens, 206 S.W.3d 670, 672 (Tex. Crim. App. 2006). However, appellate counsel has no obligation to represent appellant in a petition for discretionary review. See id. at 673. "[A]n appellate lawyer need not prepare a petition for discretionary review for his client, nor even advise him of the merits or advisability of seeking such review, in order to render constitutionally sufficient assistance of counsel." Id. All appellate counsel must do is "timely inform his client that he has the right to seek such review, or in any way obstruct his client from doing so, by omission or commission." Id.
On May 19, 2020, appellate counsel filed a copy of the letter he sent appellant in compliance with Texas Rule of Appellate Procedure 48.4. See TEX. R. APP. P. 48.4 ("In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant's rights to file a pro se petition for discretionary review under Rule 68."). Thus, it appears appellate counsel complied with his obligations. As appellant is not entitled to counsel at the petition for discretionary review stage, we DENY appellant's request for appointed counsel.
/s/_________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of July, 2020.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court