Rafael Arturo Diaz v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMarch 14, 2022
Docket05-22-00204-CR
StatusPublished

This text of Rafael Arturo Diaz v. the State of Texas (Rafael Arturo Diaz v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rafael Arturo Diaz v. the State of Texas, (Tex. Ct. App. 2022).

Opinion

Order entered March 14, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00204-CR

RAFAEL ARTURO DIAZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-80520-2020

ORDER

Appellant filed a timely pro se notice of appeal in this case and asked for the

appointment of counsel.

We ORDER the trial court to conduct a hearing to determine whether

appellant is indigent and entitled to court-appointed counsel in this appeal. If the

trial court finds that appellant is entitled to court-appointed counsel, we ORDER

the trial court to appoint an attorney to represent appellant in the appeal. If the trial

court finds that appellant is 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.

We ORDER the trial court to transmit a supplemental record containing any

written findings of fact, any supporting documentation, and any orders to this

Court within THIRTY DAYS of the date of this order.

We ORDER District Clerk Lynne Finley to file a supplemental clerk’s

record containing the appointment of counsel within THIRTY DAYS of the date

of this order.

We DIRECT the Clerk to send copies of this order to the Honorable Angela

Tucker, Presiding Judge, 199th Judicial District Court; to Lynne Finley, Collin

County District Clerk; and to the Collin County District Attorney’s Office,

Appellate Division.

We ABATE the appeal to allow the trial court an opportunity to comply

with this order. It shall be reinstated when the supplemental clerk’s record is filed,

the Court is notified that appellate counsel has been appointed, or the Court

otherwise deems it appropriate to do so.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE

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