Jeffrey Michael Wineberg v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 11, 2022
• Docket: 05-21-00668-CR
• Status: Published

Opinion

Order entered March 11, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-00668-CR

JEFFREY MICHAEL WINEBERG, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-83346-2020

ORDER

Before the Court is appellant’s March 8, 2022 pro se “Motion in Request for

Production of Documents Pursuant to Texas Code of Criminal Procedure Article(s)

24.02 and 24.03.” The law is well-settled that appellant, who is represented by

counsel on appeal, is not entitled to hybrid representation. See Scheanette v. State,

144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004) (appellant has no right to hybrid

representation on appeal); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App.

1995) (declining to address issues raised in supplemental brief filed by appellant pro se when he was already represented by counsel); Miniel v. State, 831 S.W.2d

310, 313 n.1 (Tex. Crim. App. 1992) (same); Rudd v. State, 616 S.W.2d 623, 625

(Tex. Crim. App. [Panel Op.] 1981) (appellant is not entitled to hybrid

representation); Landers v. State, 550 S.W.2d 272, 280 (Tex. Crim. App. 1977)

(op. on reh’d) (same). Therefore, we DENY his pro se motion.

We DIRECT the Clerk to send a copy of this order to Jeffrey Michael

Wineberg, TDCJ# 02357342, Coffield Unit, 2661 FM 2054, Tennessee Colony,

TX 75884, in addition to counsel for all parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE