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Person v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 15, 2017
No. 05-17-00816-CR (Tex. App. Aug. 15, 2017)

Opinion

No. 05-17-00816-CR

08-15-2017

RONNIE EDWARD PERSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Criminal Court No. 5 Tarrant County, Texas
Trial Court Cause No. 1469345

ORDER

Ronnie Edward Person appeals the trial court's March 22, 2017 judgment, finding him guilty and assessing punishment at 180 days in Tarrant County Jail, probated for 24 months. After a timely motion for new trial was filed, appellant filed his pro se notice of appeal June 13, 2017. The record was due July 20, 2017. By letter dated July 20, 2017, court reporter Teresa Adcock informed the Court that she contacted appellant and gave him the cost of the transcript. She also told him she could not start on the record until she received payment. In response, appellant told her he was still trying to hire an attorney. According to her letter, Ms. Adcock has not heard anything to date from appellant or an attorney acting on his behalf.

We ORDER the trial court to conduct a hearing to determine whether appellant is entitled to court-appointed counsel in this appeal. If the trial court finds that appellant is entitled to court-appointed counsel, we ORDER the trial court to appoint an attorney to represent appellant in the appeal. If the trial court finds that appellant is not entitled to court-appointed counsel, the trial court shall determine whether appellant will retain counsel to represent him in the appeal and, if so, the name, State Bar number, and contact information for retained counsel.

If appellant decides that he does not wish to be represented by counsel and intends to proceed pro se, the trial court shall advise appellant of the following:

• The trial court shall advise appellant of the dangers and disadvantages of self-representation. See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987) (trial court should determine whether an appellant is making a competent and intelligent choice in choosing to proceed pro se). The trial court shall further advise appellant that he does not have the right to hybrid representation and that any brief filed by counsel will be stricken.

• If the trial court determines appellant's waiver of counsel is knowing and voluntary, it shall provide appellant with a statement in substantially the form provided in article 1.051(g) of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 1.051(g).

We ORDER the trial court to transmit a record of the hearing, including findings of fact, any orders, and any supporting documentation, to this Court within THIRTY DAYS of the date of this order.

We ABATE the appeal to allow the trial court to comply with the order. The appeal will be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

We DIRECT the Clerk to send copies of this order to the Honorable Jamie Cummings, Presiding Judge, County Criminal Court No. 5; Teresa Adcock, deputy court reporter, County Criminal Court No. 5; Ronnie Edward Person; and the Tarrant County District Attorney's Office.

/s/ LANA MYERS

JUSTICE


Summaries of

Person v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 15, 2017
No. 05-17-00816-CR (Tex. App. Aug. 15, 2017)
Case details for

Person v. State

Case Details

Full title:RONNIE EDWARD PERSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 15, 2017

Citations

No. 05-17-00816-CR (Tex. App. Aug. 15, 2017)