Johnathan Cooper v. State ( 2020 )

Order entered January 2, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01246-CR
JOHNATHAN EUGENE COOPER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 297th District Court
Tarrant County, Texas
Trial Court Cause No. 1031532D
ORDER
Before the court are (1) appellant’s December 19, 2019 pro se motion for a thirty-day
extension of time to file a pro se “Rehearing/En-banc consideration motion”; (2) a December 23,
2019 motion for rehearing submitted by appellant’s appointed appellate counsel; and (3) a
December 31, 2019 “Unopposed Motion for Leave to File Extension of Time to File Motion for
Rehearing” filed by appellant’s counsel.
The opinion in this case was issued December 5, 2019, and appellant then had fifteen
days to file a motion for rehearing. See TEX. R. APP. P. 49.1. Though appellant’s counsel did not
submit a motion for rehearing until December 23, 2019, counsel’s December 31, 2019
unopposed extension request was timely and explained he was preparing for another trial and
miscalculated the motion’s due date. See TEX. R. APP. 49.8. We GRANT the December 31, 2019
extension motion and ORDER the December 23, 2019 motion for rehearing filed. That motion
for rehearing will be considered and ruled on in due course.
As to appellant’s pro se extension motion, appellant is not entitled to hybrid
representation. See Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004); Rudd
v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. [Panel Op.] 1981). On December 30, 2019, this
court granted appellant’s December 19, 2019 pro se request to extend time to file a motion for en
banc reconsideration. Because appellant is represented by counsel, we (1) VACATE the
December 30, 2019 order granting appellant’s pro se request for an extension of time to file a
motion for en banc reconsideration and (2) DENY appellant’s December 19, 2019 pro se
extension motion in its entirety.
/s/ CORY L. CARLYLE
JUSTICE