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Brown v. State

The pro se defendant abandoned his claim that the trial court erred in failing to conduct a hearing on whether he was entitled to indigent counsel.

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Acting pro se, Willie Brown appeals from the trial court’s order of nolle prosequi on his indictment on a theft by taking charge. He enumerates the following error in his appellate brief: “The trial court erred by failing to conduct a hearing to determine whether Brown requested or qualified to receive alleged indigent counsel public defender services.” He does not, however, include in his brief any statement of facts, record citation, argument or citation of authority supporting this claimed error, or statement of how the error was preserved for appeal. Pursuant to Court of Appeals Rule 25 a, an appellant’s brief must contain, among other things, a statement of material facts relevant to the appeal, the citation of such parts of the record essential to consideration of the errors complained of, and a statement of the method by which each enumeration of error was preserved for consideration. Court of Appeals Rule 25 c 2 i expressly requires that “each enumerated error shall be supported in the brief by specific reference to the record or transcript. In the absence of such reference, the Court will not search for or consider such enumeration.” And Court of Appeals Rule 25 c 2 provides that “any enumeration of error which is not supported in the brief by citation of authority or argument may be deemed abandoned.”

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