James Riley Lemons v. the State of Texas ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00136-CR
No. 10-21-00137-CR
No. 10-21-00138-CR
No. 10-21-00139-CR
No. 10-21-00140-CR
No. 10-21-00141-CR
JAMES RILEY LEMONS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Walker County, Texas
Trial Court Nos. 29221, 29317,
29313, 29311, 29309, 29315
ORDER
Appellant James Riley Lemons has filed a pro se notice of appeal in each of the
above-numbered cases. The court reporter’s record reflects Lemons was advised of his
right to have an attorney appointed to represent him on appeal but elected to represent
himself. The trial court clerk’s record does not, however, contain the written waiver
required by the Code of Criminal Procedure.
Subsection f of article 1.051 of the Code of Criminal Procedure authorizes a
criminal defendant to waive his right to appointed counsel, so long as the waiver is
made “voluntarily and intelligently” and “in writing.” TEX. CODE CRIM. PROC. ANN. art.
1.051(f). Once the right to self-representation is asserted, the trial judge must inform the
defendant about “the dangers and disadvantages of self-representation,” so that the
record will establish that he knows what he is doing and that his choice is made with
eyes open. See id. art. 1.051(g). If the court determines that the criminal defendant has
voluntarily and intelligently waived his right to counsel, the court shall require him to
execute a written waiver of counsel which substantially complies with article 1.051(g).
Id.
Accordingly, each of the above numbered cause numbers is abated to the trial
court to supplement the trial court clerk’s record with a written waiver of the right to
appointed counsel on appeal that complies with art. 1.051(f). The trial court shall then
file the written waiver of the right to appointed counsel on appeal with the trial court
clerk in each of the above cause numbers within thirty (30) days of the date of this
Order. Once the written waivers of the right to appointed counsel on appeal have been
filed, the trial court clerk shall file a supplemental clerk’s record with this Court in each
of the above cause numbers within ten (10) days. If Appellant declines to execute a
Lemons v. State Page 2
written waiver of the right to appointed counsel on appeal, the trial court shall appoint
counsel to represent Appellant on appeal.
PER CURIAM
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Order issued and filed December 20, 2021
RWR
Lemons v. State Page 3