Opinion
No. 05-12-01300-CR
11-21-2013
RAUL R. RICOY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-54024-P
ORDER
The Court REINSTATES this appeal.
On October 9, 2013, we ordered the trial court to make findings regarding whether appellant waived his right to appeal after he was aware of the sentence that would be imposed and whether appellant desired to pursue the appeal. We ADOPT the trial court's findings that: (1) appellant entered an open plea of true to the allegations in the motion to adjudicate guilt; (2) appellant's waiver of the right to appeal was signed the day before he was sentenced and before appellant was aware of what his sentence would be, thus, appellant did not waive his right to appeal; (3) an amended certification has been prepared that accurately reflects the proceedings; (4) appellant desires to pursue the appeal; (5) appellant is indigent and the Dallas County Public Defender's Office has been appointed to represent appellant in the appeal; and (6) counsel should be given thirty days from the date the reporter's record is filed to file a brief.
We note that the clerk's record was filed on October 23, 2013 and the reporter's records of the guilty plea, adjudication, and sentencing hearings were filed on April 8, 2013. Until now, however, appellant has not had an attorney to represent him on the appeal.
Accordingly, we DIRECT the Clerk to add Katherine Drew, Appellate-Chief, Dallas County Public Defender's Office, as appellant's attorney of record.
We ORDER appellant to file his brief by DECEMBER 31, 2013.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Katherine Drew and to the Dallas County Public Defender's Office.
LANA MYERS
JUSTICE