Order entered November 20, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01363-CR
EDWIN CHARLES SALTER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F14-39502-H
ORDER
The Court has before it appellant’s pro se notice of appeal, filed on November 6, 2015
and appellant’s November 6, 2015 motion to extend time to file his notice of appeal. The record
reflects that appellant was sentenced in open court on August 11, 2015 following a jury trial as to
both guilt and punishment. No written motion for new trial is in the clerk’s record, but the
record contains the trial court’s August 12, 2015 “Findings of Fact on Motion for New Trial,”
which reference the trial court’s denial of a motion for new trial. Additionally, the record does
not contain the trial court’s certification of appellant’s right to appeal. See TEX. R. APP. P.
25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013). We also note the clerk’s
record does not contain an order appointing appellate counsel for appellant. Accordingly, to
assist the Court in determining how to proceed, we ORDER the following.
First, the trial court shall determine whether appellant filed a written motion for
new trial, and, if so, the date on which the motion was filed. See TEX. R. APP. P.
21.4.
If the trial court finds that appellant filed a written motion for new trial, the trial
court shall next determine whether the written motion for new trial is in the
possession of the Dallas County District Clerk and can be filed with this Court in
a supplemental record.
If the trial court determines that the motion for new trial is not in the possession of
the Dallas County District Clerk, the trial court shall determine whether the
parties can, by written stipulation, agree on a substituted copy of the motion for
new trial. If the parties can agree on a substituted copy, the trial court shall order
that the parties deliver the substituted copy, together with the written stipulation,
to the Dallas County District Clerk for inclusion in a supplemental record.
If the trial court finds the parties cannot agree on a substituted copy, the trial court
shall determine what constitutes an accurate copy of the motion for new trial to be
included in a supplemental clerk’s record.
The trial court shall next determine whether appellant desires to be represented by
counsel and, if so, whether appellant is indigent and entitled to court-appointed
counsel. If the trial court determines appellant does wish to have counsel and is
indigent, we ORDER the trial court to appoint counsel to represent appellant. If
appellant is not indigent, the trial court shall determine the name, State Bar
number, and contact information for retained counsel. If appellant does not desire
to be represented by counsel, we ORDER the trial court to do 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.
If the trial court determines appellant’s waiver of counsel is knowing and
voluntary, it shall provide appellant with a statement 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).
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 further ORDER that the supplemental
record contain the trial court’s certification of appellant’s right to appeal and the documents
related to appellant’s motion for new trial.
The 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 supplemental record is received,
whichever is earlier.
/s/ ADA BROWN
JUSTICE