Ex Parte Armando Ramos ( 2021 )


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  •                                                                                          FILE COPY
    Fourth Court of Appeals
    San Antonio, Texas
    December 13, 2021
    No. 04-21-00203-CR
    EX PARTE Armando RAMOS
    From the 226th Judicial District Court, Bexar County, Texas
    Trial Court No. 2018CR6442-W1
    Honorable Velia J. Meza, Judge Presiding
    ORDER
    On December 6, 2021, appellant pro se filed a “Motion to Incorporate Letter to Second
    Appointed Appellate Counsel Into Appellate Record.” On December 10, 2021, appellant pro se
    filed an “Objection to Constant Change of Counsel and Incorporation of Letter to Third
    Counsel.” Appellant’s letters to counsel are noted as filed in this court’s records.
    This court acknowledges the objection of appellant pro se to change in counsel. However,
    by statute, the trial court retains exclusive authority over counsel appointed to represent the
    appellant on appeal. TEX. CODE. CRIM. PROC. art. 26.04; see also Sossamon v. State, 
    110 S.W.3d 57
    , 61 (Tex. App.—Waco 2002, no pet.) (noting same). On November 15, 2021, the trial court’s
    written order reflected the appointment of Raymond Martinez as appellant’s appellate counsel.
    On November 19, 2021, the trial court appointed Edward F. Shaughnessy as appellant’s appellate
    counsel. Mr. Shaughnessy is appellant’s present appointed counsel, and appellant’s brief is due
    no later than December 17, 2021—thirty days from our order lifting abatement of the case. See
    TEX. R. APP. P. 38.6(a) (appellant’s brief in regular appeal is due 30 days after later of filing of
    clerk’s record or reporter’s record); but see TEX. R. APP. P. 10.5(b) (setting forth requirements of
    motion to extend time to file briefs).
    Because appellant has appointed counsel to represent him on appeal, further pro se
    motions are discouraged.
    _________________________________
    Lori I. Valenzuela, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 13th day of December, 2021.
    FILE COPY
    ___________________________________
    MICHAEL A. CRUZ, Clerk of Court
    

Document Info

Docket Number: 04-21-00203-CR

Filed Date: 12/13/2021

Precedential Status: Precedential

Modified Date: 12/14/2021