Court of Appeals of Texas, 2016

Freddie Wallace v. State

Court of Appeals of Texas · Decided December 7, 2016

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-16-00407-CR

FREDDIE WALLACE,

Appellant v.

THE STATE OF TEXAS,

Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court No. 05-03424-CRF-272

MEMORANDUM OPINION

Freddie Wallace attempts to appeal the trial court’s denial of his motion for appointment of counsel pursuant to article 64.01(c) of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 64.01(c) (West 2006). The decision to deny appointed counsel is not an "appealable order" under Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure. Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010). Thus, we have no jurisdiction to consider Wallace’s claim that the trial court erred in denying his request for appointed counsel. Id.; see TEX. R. APP. P. 25.2(a)(2). Accordingly, this appeal is dismissed.1

TOM GRAY

Chief Justice Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal dismissed

Opinion delivered and filed December 7, 2016

Do not publish [CR25]

1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by the Court of Criminal Appeals, a petition for discretionary review must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals' judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. TEX. R. APP. P. 68.2(a). Wallace v. State Page 2

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