Opinion
10-23-00257-CR
05-28-2024
BRYAN STALLWORTH, Appellant v. THE STATE OF TEXAS, Appellee
From the 12th District Court Walker County, Texas Trial Court No. 30582
Before Chief Justice Gray, Justice Johnson, and Justice Smith
SECOND ABATEMENT ORDER
PER CURIAM
The clerk's record in this appeal was filed with this Court on December 11, 2023, and the reporter's record was filed on February 6, 2024. Appellant Bryan Stallworth had indicated that he was representing himself in this appeal; however, the record that we had received at that time did not reflect that Stallworth had waived the right to counsel on appeal in writing or that he had been admonished of the dangers and disadvantages of self-representation on appeal. Additionally, on December 8, 2023, Stallworth had filed a "Motion for Stay of Judgment," explaining that he was attempting to obtain a free copy of the appellate record in this appeal. We therefore abated this appeal and remanded this cause to the trial court on February 15, 2024, to conduct a hearing on these issues. We also suspended the briefing deadline for the appellant's brief pending further order of this Court.
On December 8, 2023, Stallworth also filed a petition for writ of mandamus in which he sought to obtain a free copy of the appellate record in this appeal. The petition for writ of mandamus remains pending.
On February 29, 2024, we received a supplemental clerk's record, and on March 1, 2024, we received a supplemental reporter's record. The supplemental records reveal that on February 29, 2024, the trial court held a hearing at which Stallworth expressed his desire to represent himself on appeal. The trial court thus admonished Stallworth on the record "of the dangers and disadvantages of self-representation." See Tex. Code Crim. Proc. Ann. art. 1.051(g); Fewins v. State, 170 S.W.3d 293, 294 (Tex. App.-Waco 2005, order) (per curiam). Stallworth then executed a written waiver of counsel that substantially complies with article 1.051(g) of the Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 1.051(f), (g); Fewins, 170 S.W.3d at 294. The supplemental records also show that the trial court granted Stallworth's request for a free copy of the appellate record in this appeal, and Stallworth's filings in this Court during this appeal's abatement confirm that he has now received the appellate record. We therefore reinstate this appeal.
While the appeal was abated, Stallworth filed four additional motions: (1) a "Motion to Reactivate Notice of Appeal" on March 28, 2024; (2) a "Motion to Obtain Missing Records" on April 9, 2024; (3) a "Motion to Amend Motion for Stay of Judgment" on April 9, 2024; and (4) a "Motion for Audio Minutes of Trial Transcripts" on April 9, 2024. We have reviewed Stallworth's motions and the status of this appeal and issue the following orders.
Stallworth's "Motion to Reactivate Notice of Appeal," filed on March 28, 2024, is dismissed in part and denied in part. The motion is dismissed as moot to the extent that Stallworth requests that we issue him a copy of the reporter's record and the supplemental reporter's record and reinstate this appeal. Stallworth's other filings confirm that he has now received such records. The motion is denied to the extent that Stallworth requests that we allow him to file an amended motion for new trial.
Stallworth's "Motion to Obtain Missing Records," filed on April 9, 2024, is granted in part and denied in part. The motion is denied to the extent that Stallworth requests generally that both he and the Court be furnished with any motions and certificate-of-service paperwork that is missing from the record. The motion is granted to the extent that the trial court clerk is ORDERED to prepare, certify, and file in this Court a supplemental clerk's record containing the following items:
• a motion for self-representation filed by Stallworth on or about September 7, 2022;
• a motion for discovery filed by Stallworth on or about September 7, 2022; and
• a motion for speedy trial filed by Stallworth on or about September 7, 2022.
The trial court clerk is ORDERED to file the supplemental clerk's record containing the items, and to provide Stallworth with a copy of same, within 21 days of the date of this Order.
Finally, Stallworth's "Motion for Audio Minutes of Trial Transcripts," filed on April 9, 2024, is granted as follows. In the motion, Stallworth complains that there are numerous inaccuracies in the reporter's record that has been filed in this appeal. We therefore abate this appeal and remand this cause to the trial court to, within 21 days of the date of this Order, conduct any necessary proceedings in accordance with Rule of Appellate Procedure 34.6(e)(2). See Tex. R. App. P. 34.6(e)(2). The trial court clerk and court reporter shall file supplemental records within 35 days of the date of this Order.