In Re Steve Wu--Appeal from 410th District Court of Montgomery County

State: Texas

Court: Texas Northern District Court

Docket No: 09-08-00434-CV

Case Date: 10/16/2008

Plaintiff: Jermaine Ray Gordy

Defendant: The State of Texas--Appeal from 7th District Court of Smith County

Preview:NOS. 12-10-00237-CR 12-10-00238-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
JERMAINE RAY GORDY, APPELLANT V. THE STATE OF TEXAS, APPELLEE

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APPEAL FROM THE 7TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION Jermaine Ray Gordy appeals his convictions for unlawful possession of a firearm by a felon and delivery of between one and four grams of methamphetamine, for each of which he was sentenced to imprisonment for fifty years. In one issue, Appellant argues that the trial court abused its discretion in denying both his request for new appointed counsel and his attorney's motion to withdraw. We affirm.

BACKGROUND Appellant was charged by separate indictments with unlawful possession of a firearm by a felon, delivery of between one and four grams of methamphetamine, and engaging in organized criminal activity. Each indictment further alleged that Appellant had twice been previously convicted of a felony. On June 1, 2010, Appellant pleaded "guilty" to the charges of unlawful possession of a firearm by a felon and delivery of a controlled substance.1

The record reflects that Appellant stipulated to the facts underlying the enhancement allegations in each cause. The charge of engaging in organized criminal activity was later dismissed.

1

1

On or about July 2, 2010, Appellant filed a handwritten request that the trial court appoint new counsel to represent him. Appellant's request states as follows:

I[,] Jermaine R. Gordy[,] would like to request new counsel. My current attorney is John Jarvis. Mr. Jarvis has been ineffective in my case and does not appear to me to have my interest as a priority. He has been misleading and he has tried to manipulate me into a plea that I am very uncomfortable with. I am sorry to inconvenience you and the court with this matter. I just do not trust Mr. Jarvis with my case and I would feel more comfortable with another attorney handling my case. I would greatly appreciate it if you would be so kind to grant this request. Thank you.

On July 8, 2010, the trial court conducted a hearing on Appellant's counsel's motion to withdraw, which was filed that same day in accord with Appellant's request that the trial court appoint new counsel to represent him. During the hearing, Appellant explained in greater detail the reasons underlying his request as follows:
After I come in the first time, I looked at the

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