Boyette v. State

OPINION

Appellant was convicted by a jury of delivery of cocaine. Appellant argued on appeal he was denied his constitutional right to counsel during a critical stage of the proceedings. Specifically, Appellant complained he was not represented by counsel during the time period between the imposition of his sentence and the expiration of the thirty day deadline for filing a motion for new trial. The Court of Appeals agreed, suspended the requirements of former Tex.R.App. P. 31(a), abated the appeal, and remanded the case to the trial court so that Appellant could, with the aid of counsel, file…