Timothy Lee Barnum v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 25, 2022
• Docket: 05-21-00275-CR
• Status: Published

Opinion

Order entered March 25, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-21-00275-CR

TIMOTHY LEE BARNUM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 069939

ORDER

Before the Court is appellant’s March 23, 2022 pro se motion to file a

supplemental brief. 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 Timothy Lee Barnum,

TDCJ# 02345234, Ellis Unit, 1697 F.M. 980, Huntsville, TX 77343, in addition to

counsel for all parties.

/s/ ERIN A. NOWELL JUSTICE