Robinson v. State

in which MEYERS, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.

The issue in this case is whether an appeal may be taken from a ruling on a pro se motion made by a defendant who has counsel. We hold that it may.

After he was convicted, the appellant filed a pro se motion for new trial with the trial court alleging ineffective assistance from his trial counsel. Before ruling on that motion, the trial court appointed appellate counsel to represent him. The trial court then denied the appellant’s motion for new trial without a hearing. The First Court of Appeals affirmed his conviction.1

On appeal,…