ACCEPTED
06-15-00124-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/8/2016 4:19:08 PM
DEBBIE AUTREY
CLERK
No. 06-15-00124-CR
LARRY JOE JONES § IN THE COURT OF APPEALS
FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
V. § SIXTH APPELLATE DISTRICT
7/8/2016 4:19:08 PM
DEBBIE AUTREY
THE STATE OF TEXAS § OF TEXAS AT TEXARKANAClerk
__________________________________________________________________
STATE’S MOTION TO STRIKE APPELLANT’S BRIEF
__________________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
Now comes the State of Texas, by and through its Assistant District
Attorney, and files this Motion to Strike Appellant’s Brief that was filed by
counsel on December 4, 2015. In support thereof, the State would show the
following:
I.
On December 4, 2015, counsel for Appellant filed a brief.
On December 10, 2015, Appellant Larry Jones filed his pro se motion with
the Court requesting that counsel be dismissed and to allow him to proceed on his
appeal, pro se. See the Court’s Order in Jones v. State, No. 06-15-00124-CR, at 2
(February 3, 2016).
On December 17, 2015, the Court abated the appeal and instructed the trial
court to hold a hearing on Jones’ motion. Id. After the hearing was held by the trial
court and the case returned, this Court “grant[ed] Jones’ request to represent
himself in this appeal. We overrule, as moot, Jones’ request to dismiss counsel.”
Id. at 4.
On May 17, 2016, Appellant filed his pro se brief. 1
Appellant does not have a right to hybrid representation. See Scheanette v.
State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004)(Court of Criminal
Appeals would not address pro se points of error because appellant had no right to
hybrid representation). Because Appellant is not entitled to hybrid representation,
he should not be allowed to rely on any brief filed by counsel – who no longer
represents Appellant at Appellant’s request. Consequently, the brief filed by
former counsel David Crawford on December 4, 2015 should be struck and not be
addressed by this Court.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that
this Motion to Strike Appellant’s Brief filed by counsel on December 4, 2015 be
granted.
/s/ Douglas Howell, III
Douglas Howell, III
Assistant District Attorney
300 E. 26th St., Suite 310
Bryan, Texas 77803
979-361-4320
State Bar No. 10098100
dhowell@brazoscountytx.gov
1 The State’s motion for extension of time to file its brief was granted until July 18, 2016.
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing State’s
Motion To Strike Appellant’s Brief was mailed to Larry Jones,
TDCJ#02005311, Jester III Unit, 3 Jester Road; Richmond, TX 77406 this 8th
day of July, 2016.
/s/ Douglas Howell, III