Paul Scott Bailey v. State ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00375-CR
PAUL SCOTT BAILEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 1
Johnson County, Texas
Trial Court No. M201201837
ABATEMENT ORDER
Appellant Paul Bailey, who represented himself, was found guilty by a jury of the
offense of driving while intoxicated, and the trial court sentenced him to 120 days in jail,
probated for two years, and a $1,000 fine. Bailey, still representing himself, has appealed.
On May 27, 2015, Bailey filed a “motion for continuance” (actually, a motion for
extension of time) asserting that he is now indigent, that he cannot pay for the
supplemental reporter’s record (of the testimony of Trooper Richard Zaborowski) that he
has requested in this appeal (and that is past due), and that he needs an extension of time
to establish his indigence and additional time for the filing of the supplemental reporter’s
record.
Indigence matters, including the appointment of counsel for an indigent defendant
in a criminal case, are under the sole authority of the trial court. See Enriquez v. State, 999
S.W.2d 906, 907-08 (Tex. App.—Waco 1999, order); TEX. CODE CRIM. PROC. ANN. art.
26.04(a); cf. Meza v. State, 206 S.W.3d 684, 688 (Tex. Crim. App. 2006). The Court abates
this cause for a hearing in the trial court with instructions to determine whether Bailey is
now indigent and entitled to a free record and to appointed counsel if he desires
appointed counsel.
If the trial court determines that Bailey is indigent and Bailey declines appointed
counsel, the trial court is instructed to admonish Bailey on the record “of the dangers and
disadvantages of self-representation,” TEX. CODE CRIM. PROC. ANN. art. 1.051(g), and to
obtain from Bailey a written waiver of his right to counsel that complies with article
1.051(g).
Within twenty-one (21) days after the date of this order, the trial court shall
conduct a hearing and make the above determination and take the above actions, if
necessary. Within thirty-five (35) days after the date of this order, the trial court clerk
and court reporter shall file any supplemental records pertaining to the hearing and this
order. If the trial court determines that Bailey is not indigent, Bailey shall be responsible
for the cost of those supplemental records, and he shall pay or make arrangements to pay
the clerk’s and the reporter’s fees for these supplemental records.
Bailey v. State Page 2
Bailey’s motion for continuance (for extension of time) is dismissed as moot. If the
trial court determines that Bailey is indigent and entitled to a free supplemental reporter’s
record of Zaborowski’s testimony, it shall be due to be filed with the Clerk of this Court
within fourteen (14) days of that determination. If the trial court determines that Bailey
is not indigent, within fourteen (14) days of that determination, Bailey shall pay or make
arrangements to pay the reporter’s fee for that supplemental reporter’s record.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Cause abated
Order issued and filed June 11, 2015
Do Not Publish
Bailey v. State Page 3