Order entered June 13, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00340-CR
JANINE JOYCE CHARBONEAU, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-80751-2012
ORDER
The Court REINSTATES the appeal.
On May 29, 2013, the Court granted the motion of Tonda Curry to withdraw as
appellant’s attorney and ordered the trial court to make findings regarding whether appellant
desires to be represented by counsel and whether she is entitled to appointed counsel. In
response to her motions regarding obtaining a free record, we sent appellant a letter directing her
to bring that issue to the trial court’s attention during the hearing regarding counsel. We have
received the reporter’s record of the trial court’s June 10, 2013 hearing. We ADOPT the trial
court’s finding that based on the contents of her affidavit of indigence, appellant is not indigent.
We DENY appellant’s June 3, 2013 motion for court-appointed counsel. We ORDER
appellant to notify the Court, within THIRTY DAYS of the date of this order, of the name, State
Bar number, address, and telephone number of retained counsel. If we do not receive the
information within the time specified, we will presume appellant is representing herself in the
appeal.
We DENY appellant’s June 3, 2013 motion for a free record. We note a three-volume
clerk’s record and we have received a partial reporter’s record from a February 20, 2013
“hearing regarding defendant’s expert, Michael Kramer, M.D” have been filed.
We ORDER court reporter Jennifer Corley to file, within THIRTY DAYS of the date of
this order, either: (1) the complete reporter’s record; (2) written verification that appellant did
not request an additional part of the record; or (3) written verification that appellant has not paid
for any additional part of the reporter’s record. We notify appellant that if we receive verification
of no request or no payment, we will order the appeal submitted based on the record already
filed, alone. See TEX. R. APP. P. 37.3(c).
We DENY appellant’s June 3, 2013 “first motion to lower the bond” and “motion to
extend time to file the appeal bond.” Those motions should be filed in the trial court. See TEX.
CODE CRIM. P. ANN. art. 44.04(d).
We DENY as moot appellant’s June 6, 2013 motion for an extension of time to file an
affidavit of indigence.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
following:
Jennifer Corley, Official Court Reporter, County Court at Law No. 6;
Janine Joyce Charboneau, at chivet7@yahoo.com; and
John Rolater, Collin County District Attorney’s Office.
/s/ DAVID EVANS
JUSTICE