Opinion
05-23-00689-CR
01-22-2024
OSCAR ROMERO, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 074163
ORDER
ERIN A. NOWELL, JUSTICE
Before the Court is appellant's pro se motion to supplement the record and motion for extension of time to file appellant's brief. Appellant is incarcerated in the Beto Unit of the Texas Department of Criminal Justice-Institutional Division. The motion to supplement the record requests that we order the court reporter to transcribe video and audio exhibits contained on CDs and DVDs because the rules of the Texas Department of Criminal Justice do not permit inmates to have possession of these items.
Appellant does not have a constitutional right to proceed pro se on appeal. Martinez v. Ct. of Appeal of Cal., 528 U.S. 152, 163 (2000); Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004). Appellant was appointed counsel. His appointed counsel made known to this Court that appellant desired to proceed pro se. On September 28, 2023, appellant filed a motion to dismiss appellate counsel and proceed pro se. We abated the appeal, and the trial court made findings that supported permitting appellant to proceed pro se. The findings included that the trial court offered to provide appellant new appointed counsel, that the trial court tried to persuade appellant not to represent himself, and that appellant persisted that he wanted to represent himself on appeal. On October 31, 2023, this Court adopted those findings, ordered appointed counsel removed, and has permitted appellant to proceed pro se.
The record as filed, with the video and audio exhibits, is complete. The fact that appellant, by reason of being incarcerated, cannot access certain parts of the record does not make the record incomplete. Accordingly, appellant's motion to supplement the record is DENIED. We denied a similar motion on December 22, 2023.
Appellant's motion for extension of time to file the brief requests a sixty-day extension. Appellant's brief was due January 10, 2024. Appellant states he has not yet begun his brief because he is waiting to receive a transcription of the CDs and DVDs. We have denied that request. We GRANT appellant's motion for extension of time to file the brief and we ORDER the brief filed on or before MARCH 11, 2024. See TEX. R. APP. P. 4.1(a). If appellant's brief is not filed by that date, the Court may order the case submitted on the record and without an appellant's brief.
We DIRECT the Clerk to send a copy of this order by first-class mail to:
Oscar Romero Jr. TDCJ # 02473511 Beto Unit 1391 FM 3328 Tennessee Colony, TX 75880