Lambrecht v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In an unpublished opinion, the Waco Court of Appeals affirmed appellant’s misdemeanor conviction for criminal trespass in which the county court at law had assessed a $100.00 fine and 60 days in jail, probated for 180 days. Citing Article 40.-09(9), V.A.C.C.P., the court of appeals observed that no brief had been filed on appellant’s behalf and the record contained neither assertion nor showing of indigence.

In an untimely motion for rehearing, counsel, apparently retained by appellant, for the first time asserted…