Louis James Brown, III v. State ( 2020 )

Order entered January 17, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00064-CR
LOUIS JAMES BROWN, III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-83597-2019
ORDER
On December 12, 2019, appellant was convicted of stalking and sentenced to nine years
in prison. Appellant filed a timely notice of appeal postmarked December 31, 2019 that was
forwarded to this Court on January 15, 2020. That same day, Collin County filed a document
entitled “Amended Appeal Schedule” which bears the notation “General Docket Entry:
Defendant Allowed to Represent Himself in his Appeal.”
We ORDER the trial court to conduct a hearing to determine whether appellant (1) is
indigent and entitled to court-appointed counsel, (2) is not indigent but is seeking or has retained
counsel, or (3) wishes to proceed pro se in this appeal.
If the trial court finds that appellant is indigent, entitled to court-appointed counsel, and
does not wish to proceed pro se, we ORDER the trial court to appoint an attorney to represent
appellant in the appeal.
If the trial court finds that appellant is not indigent and therefore not entitled to court-
appointed counsel, the trial court shall determine whether appellant will retain counsel to
represent him in the appeal and, if so, the name, State Bar number, and contact information for
retained counsel.
If appellant decides that he does not wish to be represented by counsel (either appointed
or retained), the trial court shall advise appellant of the dangers and disadvantages of self-
representation. See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987). If appellant
persists in his desire to proceed pro se, the trial court shall determine whether appellant is
making a competent and intelligent choice in choosing to proceed pro se. Id. The trial court shall
further advise appellant that he does not have the right to hybrid representation and that any brief
filed by counsel will be stricken. If the trial court determines appellant’s waiver of counsel is
knowing and voluntary, it shall provide appellant with a statement in substantially the form
provided in article 1.051(g) of the Texas Code of Criminal Procedure and have appellant
acknowledge, sign, and date the statement. See TEX. CODE CRIM. PROC. ANN. art. 1.051(g). If
the trial court determines waiver of counsel is not knowing and/or not voluntary, the trial court
shall appoint counsel or determine the information detailed above for retained counsel as is
appropriate under the circumstances.
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
DAYS of the date of this order. If the trial court determines appellant wishes to proceed pro se
and his waiver of counsel is knowing and voluntary, the supplemental record shall contain
appellant’s signed, written waiver in substantially the form provided by article 1.051(g).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable John Roach Jr., Presiding Judge, 296th Judicial District Court; and to the Collin
County District Attorney’s Office.
We DIRECT the Clerk to send a copy of the order by first-class mail, to Louis James
Brown III, Collin County Detention Center, 4300 Community Ave., McKinney, Texas 75071.
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 findings are received.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE