Everett Gray v. State

Summary

The Texas Court of Appeals for the Fifth District ordered the trial court to determine whether Everett Gray was entitled to appointed counsel in two out-of-time criminal appeals. The court also ordered completed certifications of the right to appeal and supplemental records, and abated the appeals pending compliance.

Holdings

1. The appeals were properly abated for the trial court to conduct a hearing determining whether Gray was entitled to court-appointed counsel and, if so, to appoint counsel to represent him.
2. The trial court was required to file completed certifications of Gray's right to appeal in each case before the appeals proceeded.

Questions Presented

1. Whether the appeals should be abated for the trial court to determine whether Gray was entitled to appointed appellate counsel.
2. Whether the trial court was required to complete and clarify certifications concerning Gray's right to appeal in both cases.

Disposition

other