James Gambrell, Jr. v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-23-00234-CR
No. 10-23-00235-CR

JAMES GAMBRELL, JR.,
Appellant
v.

THE STATE OF TEXAS,
Appellee

From the 12th District Court
Walker County, Texas
Trial Court Nos. 30096 & 30238

REINSTATEMENT AND BRIEFING ORDER AND
MEMORANDUM OPINION

These appeals were abated and remanded so the trial court could determine why

briefs had not been filed in these cases and whether Appellant still desires to proceed

with these appeals. The trial court held a hearing and appointed appellate counsel. The

supplemental clerk's record and supplemental reporter's record of that hearing have been

filed in this Court.
Accordingly, we REINSTATE these appeals.

The record includes an order dismissing trial court cause number 30096, our cause

number 10-23-00234-CR. In criminal cases, a party may appeal only from a judgment of

conviction or an interlocutory order as authorized by statute. See TEX. CODE CRIM. PROC.

ANN. art. 44.02; TEX. R. APP. P. 25.2(a)(2); Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim.

App. 2014). When this Court lacks jurisdiction, we have no power to act, and we must

dismiss the attempted appeal. See State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App.

2009). Accordingly, we dismiss appellate cause number 10-23-00234-CR for lack of

jurisdiction.

Appellant's appointed counsel and counsel for the State filed an "Agreed Motion

to Transfer Briefs." They assert that Appellant's briefs and the State's briefs were filed in

this Court, but erroneously filed in cause numbers 10-23-00176-CR and 10-23-00181-CR.

See Gambrell v. State, 10-23-00176-CR & 10-23-00181-CR, 2024 Tex. App. LEXIS 1591 (Tex.

App.—Waco March 4, 2024, no pet. h.) (mem. op., not designated for publication). They

request this Court to transfer the briefs from those causes to cause numbers 10-23-00234-

CR and 10-23-00235-CR.

Inasmuch as cause number 10-23-00234-CR has been dismissed, we cannot transfer

briefs into that appeal. Furthermore, Appellant's briefs were filed pro se, and he is now

represented by counsel. He is not entitled to hybrid representation. See Ex parte Taylor,

Gambrell v. State Page 2
36 S.W.3d 883, 887 (Tex. Crim. App. 2001) (per curiam). Accordingly, we DENY the

Agreed Motion to Transfer Briefs.

The briefing schedule is reset. Appellant's brief in 10-23-00235-CR is due 30 days

from the date of this opinion and order. The State's brief is due 30 days after Appellant's

brief is filed.

STEVE SMITH
Justice

Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeals reinstated
Appeal dismissed
Opinion and order issued and filed March 7, 2024
Do not publish
[RWR]
[CR25]

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