Opinion
Appellate case number: 01-16-00380-CR
06-14-2016
Christopher Richmond v. The State of Texas
ORDER Trial court case number: 1477566 Trial court: 262nd District Court of Harris County
On April 4, 2016, appellant, Christopher Richmond, pleaded guilty to the second-degree felony offense of possession of a controlled substance, namely methamphetamine, weighing more than four grams and less than 400 grams by aggregate weight. See TEX. HEALTH & SAFETY CODE ANN. § 481.116(a), (d) (West Supp. 2015). The trial court assessed appellant's punishment at twelve years' incarceration on April 4, 2016, pursuant to appellant's plea bargain with State. See TEX. PENAL CODE ANN. § 12.33(a) (West Supp. 2015). Also on April 4, 2016, the trial court denied the pretrial motion to suppress evidence filed by appellant's trial counsel, Tristan Legrande. The trial court certified that, although this was a plea-bargain case, matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and thus, the appellant has the right of appeal. See TEX. R. APP. P. 25.2(a)(2)(A).
On April 15, 2016, appellant, proceeding pro se, timely filed a notice of appeal in the trial court. See TEX. R. APP. P. 26.2(a)(1). On May 11, 2016, the trial clerk assigned this appeal to this Court, but listed "TO BE DETERMINED" as appellant's appellate counsel. On May 12, 2016, the reporter filed an information sheet in this Court noting that, while there was a reporter's record and appellant was indigent, the reporter had not yet received a request to prepare the reporter's record from the appellant.
On June 1, 2016, the clerk's record was filed in this Court. Because there was no order signed by the trial court discharging trial counsel or appointing new appellate counsel for appellant in the clerk's record, and this appeal has not been exhausted, Tristan Legrande continues as appellant's counsel. See TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West Supp. 2015) (requiring appointed attorney to "represent the defendant until charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as counsel for the defendant after a finding of good cause is entered on the record"). Because no appellate counsel was listed on the letter of assignment by the trial clerk, counsel's contact information was not previously in this Court's records. Thus, the Clerk of this Court has been directed to add Tristan Legrande as appellant's counsel.
On June 2 and 6, 2016, appellant filed two pro se motions in this Court. The first motion requested that the reporter's record be filed in this Court while the second motion requested the appointment of appellate counsel. However, as stated above, absent an order by the trial court discharging Tristan Legrande as counsel and appointing new appellate counsel, Legrande continues as appellant's counsel on appeal. Appellant is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). Thus, appellant's two pro se motions, filed on June 2 and 6, 2016, are dismissed.
Accordingly, appellant's counsel, Tristan Legrande, is ordered to request the reporter's record for the suppression hearing, held on April 1, 2016, from the court reporter and to file a copy of that request with both the trial clerk and the Clerk of this Court. See TEX. R. APP. P. 34.6(a)(1), (2). If appellant's counsel fails to file a copy of the request for the reporter's record in this Court within 30 days of the date of this Order, this Court may set the briefing schedule and consider and decide those issues or points that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c)(1).
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually [ ] Acting for the Court Date: June 14, 2016