York, Rickie Dawson

• Court: Court of Criminal Appeals of Texas
• Decided: June 16, 2010
• Docket: PD-0088-10
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0088-10 RICKIE DAWSON YORK, Appellant

v.

THE STATE OF TEXAS, Appellee

ORDER TO APPOINT COUNSEL

SMITH COUNTY

This order was delivered per curiam.

O R D E R

Appellant was convicted of possession of a controlled substance in cause number 241-2346-07 in the 241^st District Court of Smith County. Appellant was sentenced to confinement for 60 years. The court of appeals affirmed the judgment of the trial court York v. State, No. 12-08-00106-CR (Tex. App. -- Tyler, delivered December 16, 2009). Appellant filed a pro se petition for discretionary review which was granted by this Court on June 16, 2010. Appellant 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 Appellant is without representation in this court. Accordingly, the trial court is ordered to determine if Appellant is currently represented by counsel, and if so, to inform this court who represents Appellant. If Appellant is not currently represented by counsel and desires counsel, the trial court must first determine whether Appellant is indigent. If the trial court finds Appellant is indigent, that court shall appoint an attorney to represent Appellant before this court in regard to PDR No. PD-0088-10 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 16^th DAY OF JUNE, 2010

DO NOT PUBLISH