Barrett Emanuell Tillman v. State ( 2018 )

Order entered March 12, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00260-CR
BARRETT EMANUELL TILLMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court No. 9
Dallas County, Texas
Trial Court Cause No. MB17-24827-K
ORDER
Appellant timely filed his pro se notice of appeal on February 26, 2018. The documents
before the Court do not reflect that counsel has been appointed to represent appellant on the
appeal, but they do reflect that he represented himself during trial.
We ORDER the trial court to make findings regarding whether appellant is indigent and
entitled to court-appointed counsel on this appeal. If the trial court finds appellant is indigent,
we ORDER the trial court to appoint counsel to represent appellant on appeal.
If the trial court finds appellant is not indigent, the trial court shall determine whether
appellant has retained counsel for the appeal. If appellant has retained counsel, the trial court
shall make a finding as to the name, State Bar number, and contact information for counsel.
If appellant is not indigent and decides that he does not wish to be represented by
counsel, the trial court shall advise appellant of the following:
• The trial court shall advise appellant of the dangers and disadvantages of self-
representation. See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987). The trial
court shall further advise appellant that he does not have the right to hybrid representation and
that any brief filed by counsel will be stricken.
• If the trial court determines appellant’s waiver of counsel is knowing and voluntary, it
shall provide appellant with a statement, for appellant to sign, in substantially the form provided
in article 1.051(g) of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN.
art. 1.051(g).
• The trial court shall advise appellant that he will be required to request and pay for the
preparation of the clerk’s records and reporter’s records in each case. See TEX. R. APP. P. 35.3.
We ORDER the trial court to transmit a supplemental record containing the written
findings of fact, any supporting documentation, and any orders to this Court within THIRTY
DAYS of the date of this order. If the trial court determines appellant’s waiver of counsel is
knowing and voluntary, the supplemental record shall contain appellant’s signed, written waiver
in substantially the form provided by article 1.051(g).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Peggy Hoffman, Presiding Judge, County Criminal Court No. 9, to Barrett Emanuell
Tillman , and to the Dallas County District Attorney’s Office.
This appeal is ABATED to allow the trial court to comply with this order. It shall be
reinstated THIRTY DAYS from the date of this order or when the findings are received.
.
/s/ LANA MYERS
JUSTICE