Opinion
14-22-00107-CR 14-22-00108-CR
04-21-2022
JARIEN DESEAN ROSS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause Nos. 1593041 & 1593102
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM.
On March 16, 2022, the court notified the parties that we may lack jurisdiction over this appeal and ordered appellant to demonstrate that the court has jurisdiction by April 6, 2022. Appellant's court-appointed counsel filed a motion to withdraw and a brief in which he concludes the appeal is wholly frivolous and without merit and that this court lacks jurisdiction because appellant does not have the right to appeal his conviction. Appellant has filed a letter asserting he has not received a copy of the appellate record from either this court or his attorney and that he wishes to demonstrate this court has jurisdiction over his appeal. See Anders v. California, 386 U.S. 738 (1967); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Construing the letter as a request to access the appellate record, we grant appellant's request to access the record.
Also before the court is appellant's motion for self-representation requesting that a Faretta hearing be held to assess his competency to represent himself. See Faretta v. California, 422 U.S. 806 (1975). Because appellant already has the right to file a pro se response to counsel's Anders brief, we deny the motion as moot. See Anders, 386 U.S. at 744 (acknowledging that a defendant whose counsel files an Anders brief should be given time thereafter to "allow[] him to raise any points that he chooses").
Accordingly, we hereby direct the Judge of the 182nd District Court to afford appellant an opportunity to view the trial record in accordance with local procedure; that the clerk of that court furnish the record to appellant on or before May 6, 2022; that the clerk of that court certify to this court the date on which delivery of the record to appellant is made; and that appellant file his pro se brief with this court by June 6, 2022.