State v. Phillip Edward Norwood

• Court: Court of Appeals of Texas
• Decided: May 28, 2015
• Docket: 09-15-00083-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00083-CR ____________________

THE STATE OF TEXAS, Appellant

V.

PHILLIP EDWARD NORWOOD, Appellee _______________________________________________________ ______________

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 10-01-00746 CR ________________________________________________________ _____________

ORDER

The State of Texas has appealed the trial court’s order dismissing an

indictment for failing to disclose the identity of a confidential informant. See Tex.

Code Crim. Proc. Ann. art. 44.01(a)(1) (West Supp. 2014). On March 5, 2015, the

trial court granted a motion to withdraw filed by counsel for the Appellee, Phillip

Edward Norwood. Norwood asserts that he is indigent and requests appointment of

counsel. “A defendant in a criminal matter is entitled to be represented by counsel

in an adversarial judicial proceeding.” Tex. Code Crim. Proc. Ann. art. 1.051(a)

(West Supp. 2014). An indigent defendant is entitled to have an attorney appointed

1 to represent him in any adversary judicial proceeding, including an appeal. Id. art.

1.051(c), (d)(1). Matters concerning the appointment of counsel should be

addressed by the trial court in the first instance. See generally Tex. Code Crim.

Proc. Ann. art. 26.04(a) (West Supp. 2014).

It is, therefore, ORDERED that the case is remanded to the trial court for a

hearing to determine whether the Appellee is indigent. See id. art. 1.051(m) - (o).

If the Appellee is not represented by retained counsel, is not financially able to

employ counsel, and requests that counsel be appointed, then the trial court shall

appoint counsel to represent the Appellee for the appeal unless he elects to proceed

pro se, in which case the trial court shall determine whether Appellee’s decision is

knowingly and intelligently made. See Faretta v. California, 422 U.S. 836, 95

S.Ct. 2525, 45 L.E.2d 562 (1975); East v. State, 48 S.W.3d 412 (Tex. App.–

Houston [14th Dist.] 2001, no pet.). The supplemental clerk’s record containing

any orders and findings made by the trial court and a reporter’s record of any

hearings conducted pursuant to this Order shall be filed with the Court of Appeals

by June 29, 2015. The appeal is abated and all appellate timetables are suspended

while the case is in the trial court.

ORDER ENTERED May 28, 2015.

PER CURIAM Before Kreger, Horton, and Johnson, JJ.