Opinion
04-24-00604-CR
11-05-2024
Shawn L. SANDERS, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2023-CR-3165 Honorable Lisa Jarrett, Judge Presiding
ORDER
Irene Rios, Justice
On September 10, 2024, appellant timely filed a motion requesting an extension of time to file the appellant's notice of appeal. The motion is GRANTED.
On September 26, 2024, appellant filed in this court a pro se motion to dismiss the conviction against him and a pro se brief. The State filed a notice waiving its right to file an appellee's brief responsive to the appellant's pro se brief.
Appellant is represented by court-appointed appellate counsel. We therefore STRIKE the appellant's pro se brief and DENY appellant's pro se motion to dismiss the conviction because appellant is not entitled to hybrid representation. See Jenkins v. State, 592 S.W.3d 894, 902, n.47 (Tex. Crim. App. 2018) (holding a defendant is not entitled to hybrid representation and a court "is free to disregard any pro se motions presented by a defendant who is represented by counsel"); see also In re West, No. 20-00105-CR, 2020 WL 907571, at *1 (Tex. App.-San Antonio Feb. 26, 2020, orig. proceeding).
Given the circumstances, the State's notice waiving its right to file an appellee's brief is premature, and we consider the State's waiver notice WITHDRAWN.