State of Texas v. Castleberry, Cory

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0354-10

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THE STATE OF TEXAS, Appellant

v.

CORY CASTLEBERRY, Appellee

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ORDER TO APPOINT COUNSEL DALLAS COUNTY

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   This order was delivered per curiam.

O R D E R

The State of Texas appealed the trial court's order granting the defendant's motion to suppress in cause number   F08-56146-OV  in the 292^nd District Court of Dallas County. The court of appeals affirmed the judgment of the trial court.   State v Castleberry  , No. 15-09-00743-CR (Tex. App. -- Dallas, delivered January 20, 2010). The State filed a petition for discretionary review which was granted by this Court on May 19, 2010. Appellee is entitled to representation before this Court at this time. See Article 1.051(a)(d)(2), V.A.C.C.P. It appears that Appellee is without representation in this court. Accordingly, the trial court is ordered to determine if Appellee is currently represented by counsel, and if so, to inform this court who represents Appellee. If Appellee is not currently represented by counsel and desires counsel, the trial court must first determine whether Appellee is indigent. If the trial court finds Appellee is indigent, that court shall appoint an attorney to represent Appellee before this court in regard to PDR No. PD-0354-10, in accord with the provisions of Articles 1.051 and 26.04, V.A.C.C.P. Any hearing conducted pursuant to this order shall be held within 30 days of the date of this order. The trial court's order appointing counsel, any findings of fact, affidavits, or transcription of the court reporter's notes and any other supplementation of the record shall be returned to this court within 45 days of the date of this order.

  IT IS SO ORDERED THIS THE 2^nd DAY OF JUNE, 2010

DO NOT PUBLISH