Jay Sandon Cooper v. State ( 2014 )

Order entered June 25, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00089-CR
JAY SANDON COOPER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Grayson County, Texas
Trial Court Cause No. 2011-2-1391
ORDER
The Court has before it appellant’s June 11, 2014 motion for substitution where he
requests to proceed pro se. Our records show attorney J. Richard Dunn filed appellant’s notice
of appeal on January 24, 2014. Appellant attached a letter to his motion for substitution that he
received from Mr. Dunn indicating the trial court “granted my motion to withdraw.” There is
nothing in the record indicating the trial court granted Mr. Dunn’s motion to withdraw or
whether appellant is indigent and entitled to receive court-appointed counsel on appeal.
The Court DENIES appellant’s motion for substitution.
We ORDER the trial court to make findings of fact regarding whether (1) Mr. Dunn’s
motion to withdraw as counsel was granted, (2) if Mr. Dunn’s motion to withdraw was granted,
on what date was the motion granted, (3) whether appellant is indigent and entitled to court-
appointed appellate counsel, and (4) if entitled, the name of court-appointed appellate counsel.
In the event the trial court concludes appellant is indigent and does not desire to have
appellate counsel appointed to represent him, the trial court is further ORDERED to admonish
appellant regarding the dangers and disadvantages of self-representation and make a finding that
appellant has been so admonished. See Ex parte Davis, 818 S.W.2d 64, 67 (Tex. Crim. App.
1991).
We ORDER the trial court to transmit a supplemental record containing the written
findings of fact, any supporting documentation, and any orders, to this Court within THIRTY
(30) DAYS from the date of this order.
The appeal is ABATED to allow the trial court to comply with this order. It shall be
reinstated thirty days from the date of this order or when the supplemental record is received,
whichever is earlier.
/s/ DAVID EVANS
JUSTICE