State of Texas v. Chupik, Randall

• Court: Court of Criminal Appeals of Texas
• Decided: October 4, 2010
• Docket: PD-0960-10
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0960-10

THE STATE OF TEXAS, Appellant

v.

RANDALL CHUPIK, Appellee

ORDER REGARDING REPRESENTATION

TRAVIS COUNTY

This order was delivered per curiam.

O R D E R

The State appealed the trial court's order granting the motion to suppress in cause number C-1-CR-08-222890 in the County Court at Law Number 8 of Travis County. The court of appeals affirmed the judgment of the trial court. State v. Chupik, No. 03-09-00356-CR (Tex. App. -- Austin, delivered May 13, 2010). The State filed a petition for discretionary review which was granted by this Court on September 22, 2010. The 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 the Appellee is without representation in this court. Accordingly, the trial court is ordered to determine if the Appellee is currently represented by counsel, and if so, to inform this court who represents the Appellee. If the Appellee is not currently represented by counsel and desires counsel, the trial court must first determine whether the Appellee is indigent. If the trial court finds the Appellee is indigent, that court shall appoint an attorney to represent the Appellee before this court in regard to PDR No. PD-0960-10, 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 4^th DAY OF OCTOBER, 2010

DO NOT PUBLISH