IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0474-19
JAMES RAY PENDERGRAFT, Appellant
v.
THE STATE OF TEXAS
ORDER REGARDING REPRESENTATION
SMITH COUNTY
Per curiam.
ORDER
Appellant was convicted of aggravated assault in cause number 007-1264-17 in the 7th
District Court of Smith County. Appellant was sentenced to confinement for 35 years. The court
of appeals affirmed the judgment of the trial court. Pendergraft v. State, No.12-18-00091-CR (Tex.
App. —Tyler, delivered April 17, 2019). The Appellant’s Pro Se petition for discretionary review
was granted by this Court on October 23, 2019. Appellant is entitled to representation before this
Court at this time. See Article 1.051(a)(d)(2), V.A.C.C.P. 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-0474-19, 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 23RD DAY OF OCTOBER, 2019.
DO NOT PUBLISH