Gerald Hayes v. State

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

MEMORANDUM ORDER

Appellate case name: Gerald Hayes v. The State of Texas

Appellate case number: 01-09-00437-CR

Trial court case number: 1198372

Trial court: 351st District Court of Harris County

On July 26, 2012, we abated the above-referenced appeal for the appointment of counsel to represent appellant. A supplemental clerk’s record has been filed, reflecting that Franklin Bynum has been appointed. Accordingly, the appeal is reinstated. The record is complete. Appellant’s appointed counsel must file a brief no later than 30 days from the date of this order. Because appellant is represented by counsel on appeal, we strike appellant’s pro se brief and all currently pending pro se motions. A criminal defendant is not entitled to hybrid representation. Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Marshall v. State, 210 S.W.3d 618, 620 n.1 (Tex. Crim. App. 2006) (stating that points raised in appellant’s pro se brief would not be considered because appellant had no right to hybrid representation); Thomas v. State, 312 S.W.3d 732, 737 (Tex. App.—Houston [1st Dist.] 2009, pet. ref’d). Appellant’s appointed counsel may re-file any motions he deems appropriate. It is so ORDERED.

Judge’s signature: /s/ Justice Radack  Acting individually  Acting for the Court

Date: November 2, 2012