Court of Civil Appeals of Texas, 2019

Osa Alohaneke v. State

Osa Alohaneke v. State
Court of Civil Appeals of Texas · Decided January 24, 2019

Osa Alohaneke v. State

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Osa Alohaneke v. The State of Texas Appellate case number: 01-18-00102-CR Trial court case number: 15-DCR-069234 Trial court: 400th District Court of Fort Bend County Appellant, Osa Alohaneke, has filed a pro se motion to obtain a copy of trial transcripts “to prepare, present, and prosecute issues on appeal not raised in counsel’s Appellate Brief.” Appellant is represented by appointed counsel on appeal, and counsel has filed a brief on appellant’s behalf. Appellant is not entitled to hybrid representation in this appeal. See Robinson v. State, 240 S.W.3d 919, 921–22 (Tex. Crim. App. 2007) (stating defendant not entitled to hybrid representation, that is, “representation partly by counsel and partly by self”); see also Ford v. State, 794 S.W.2d 863, 868 (Tex. App.—El Paso 1990, pet. ref’d) (explaining appellant represented by counsel has right to file pro se brief in addition to counsel’s brief only when counsel presents “a frivolous appeal brief”).1 Accordingly, we deny appellant’s motion.

It is so ORDERED.

Judge’s signature: /s Julie Countiss  Acting individually  Acting for the Court Date: __January 24, 2019___

Appellant’s appointed counsel has not filed a brief concluding that this appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967).

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