Ex Parte Henry Earl Ester v. State ( 2019 )

Order filed October 1, 2019
In The
Fourteenth Court of Appeals
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NO. 14-19-00555-CR
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EX PARTE HENRY EARL ESTER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Cause No. 1516620
ORDER
This is an appeal from the denial of an application for writ of habeas corpus.
In the proceeding below, appellant was determined to be indigent and appointed
counsel. Appellant waived his right to counsel and the trial court held a Faretta
hearing. See Faretta v. California, 422 U.S. 806, 835 (1975). The trial court
determined appellant could proceed pro se.
On appeal, appellant continues to represent himself pro se. Appellant has not
filed a brief. Appellant’s brief was due August 8, 2019. On August 15, 2019, this
court sent appellant notice that his brief was late. No brief or response has been
filed. It is a well-established principle of federal and state law that no constitutional
right to counsel exists on a writ of habeas corpus. Ex parte Graves, 70 S.W.3d 103,
110 (Tex. Crim. App. 2002).
Pursuant to Texas Rule of Appellate Procedure 31.1, we ORDER appellant
to file a brief in this appeal on or before October 31, 2019. If appellant fails to file
his brief as ordered, we will decide this appeal upon the record before the Court.
See Lott v. State, 874 S.W.2d 687, 688 (Tex. Crim. App. 1994) (affirming
conviction on record alone where appellant failed to file a pro se brief after being
properly admonished); Coleman v. State, 774 S.W.2d 736, 738–39 (Tex. App.—
Houston [14th Dist.] 1989, no pet.) (holding that former rule 74(l)(2) (now Rule
38.8(b)) permitted an appeal to be considered without briefs “as justice may
require” when a pro se appellant has not complied with the rules of appellate
procedure).
PER CURIAM
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.