Courtney Earlene Shannon v. State

Opinion

Order entered August 12, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00995-CR

COURTNEY EARLENE SHANNON, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Grayson County, Texas

Trial Court Cause No. 2011-1-1161

ORDER

The Court has before it appellant’s motion to appoint counsel. In the motion, appellant

states that she desires to pursue the appeal, but is indigent and cannot afford counsel. She states she requested appointed counsel from the trial court, but was informed that court did not have jurisdiction. The record reflect appellant was represented by retained counsel at trial, but that counsel was not retained to represent appellant on appeal. We GRANT appellant’s motion as follows.

We ORDER the trial court to conduct a hearing to determine whether appellant is indigent and is entitled to court-appointed counsel. If the trial court determines that appellant is indigent, we ORDER the trial court to appoint counsel to represent appellant in this appeal.

If the trial court determines that appellant is not indigent and is not entitled to court-

appointed counsel, we ORDER the trial court to determine the name, State Bar number, and contact information for appellant’s retained counsel.

We ORDER the trial court to transmit a record, containing its written findings of fact, any orders, and any supporting documentation to this Court within THIRTY DAYS of the date of this order.

We ABATE the appeal to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received.

/s/ DAVID EVANS

JUSTICE