State v. Phillip Edward Norwood ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-15-00083-CR
____________________
THE STATE OF TEXAS, Appellant
V.
PHILLIP EDWARD NORWOOD, Appellee
_______________________________________________________ ______________
On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 10-01-00746 CR
________________________________________________________ _____________
ORDER
The State of Texas has appealed the trial court’s order dismissing an
indictment for failing to disclose the identity of a confidential informant. See Tex.
Code Crim. Proc. Ann. art. 44.01(a)(1) (West Supp. 2014). On March 5, 2015, the
trial court granted a motion to withdraw filed by counsel for the Appellee, Phillip
Edward Norwood. Norwood asserts that he is indigent and requests appointment of
counsel. “A defendant in a criminal matter is entitled to be represented by counsel
in an adversarial judicial proceeding.” Tex. Code Crim. Proc. Ann. art. 1.051(a)
(West Supp. 2014). An indigent defendant is entitled to have an attorney appointed
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to represent him in any adversary judicial proceeding, including an appeal. Id. art.
1.051(c), (d)(1). Matters concerning the appointment of counsel should be
addressed by the trial court in the first instance. See generally Tex. Code Crim.
Proc. Ann. art. 26.04(a) (West Supp. 2014).
It is, therefore, ORDERED that the case is remanded to the trial court for a
hearing to determine whether the Appellee is indigent. See id. art. 1.051(m) - (o).
If the Appellee is not represented by retained counsel, is not financially able to
employ counsel, and requests that counsel be appointed, then the trial court shall
appoint counsel to represent the Appellee for the appeal unless he elects to proceed
pro se, in which case the trial court shall determine whether Appellee’s decision is
knowingly and intelligently made. See Faretta v. California, 422 U.S. 836, 95
S. Ct. 2525, 45 L. Ed. 2d 562 (1975); East v. State, 48 S.W.3d 412 (Tex. App.–
Houston [14th Dist.] 2001, no pet.). The supplemental clerk’s record containing
any orders and findings made by the trial court and a reporter’s record of any
hearings conducted pursuant to this Order shall be filed with the Court of Appeals
by June 29, 2015. The appeal is abated and all appellate timetables are suspended
while the case is in the trial court.
ORDER ENTERED May 28, 2015.
PER CURIAM
Before Kreger, Horton, and Johnson, JJ.
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