Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Dustin James Beal v. State
Citation: Not availableDocket: 11-15-00083-CR
Court: Court of Appeals of Texas; April 23, 2015; Texas; State Appellate Court
Original Court Document: View Document
On April 23, 2015, the Eleventh Court of Appeals issued an order regarding the appeal of Dustin James Beal from the 42nd District Court in Coleman County, Texas. Beal's court-appointed counsel filed a notice of appeal on April 9, 2015, but was allowed to withdraw the following day due to being unapproved for indigent defense in appellate matters. The trial court did not appoint a new attorney for Beal; instead, it directed that all notices be sent to him at the jail. Beal subsequently submitted a pro se request for a copy of the record, indicating a desire for an attorney to review it. The court abated the appeal, noting that the thirty-day window following sentencing is a critical period during which an indigent defendant has a constitutional right to counsel. The court referenced relevant case law, emphasizing the necessity for either an inquiry into Beal's waiver of counsel or the appointment of new counsel upon the withdrawal of his trial attorney. The order mandates the trial court to determine the following: (1) Beal's desire to pursue the appeal, (2) his indigency status, (3) whether he has retained counsel if found not indigent, and (4) if indigent, whether he wishes to have counsel appointed or chooses to represent himself after being informed of the risks involved. The trial court is instructed to make findings and recommendations, appoint counsel if necessary, and ensure that any related records are submitted to the appellate court by May 4, 2015. The appeal is thus abated pending these determinations.