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Ferris v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Dec 19, 2018
No. 08-18-00222-CR (Tex. App. Dec. 19, 2018)

Opinion

No. 08-18-00222-CR

12-19-2018

DANIEL DAVID FERRIS, Appellant, v. THE STATE OF TEXAS, State.


Appeal from the 243 District Court of El Paso County, Texas (TC# 20170D00570) ORDER

On December 19, 2018, Robert Ramos, Appellant's attorney, filed a motion to withdraw as appellate counsel alleging that he does not represent Appellant on appeal as he was retained only as local trial counsel. Before the Court considers the motion to withdraw it will be necessary for the trial court to conduct a hearing.

Therefore, it is ORDERED that the trial court conduct a hearing to determine whether Appellant is indigent and entitled to the appointment of appellate counsel. If Appellant is not indigent, the trial court shall determine whether Appellant intends to retain appellate counsel or intends to proceed pro se. The trial court shall enter all necessary orders and/or findings which may include making Appellant aware of the dangers and disadvantages of self-representation and develop evidence as to whether Appellant's apparent decision to relinquish benefits associated with counsel and to proceed pro se is knowingly and intelligently made under Hubbard v. State, 739 S.W.2d 341 (Tex.Crim.App. 1987).

The trial court shall forward its order and/or findings to the District Clerk of El Paso County on or before January 22, 2019. The District Clerk shall prepare a supplemental clerk's record containing the trial court's order and/or findings on or before February 1, 2019. Further, the transcription of the hearing shall be prepared, certified and filed with this Court on or before February 1, 2019.

IT IS SO ORDERED this 19 day of December, 2018.

PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.


Summaries of

Ferris v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Dec 19, 2018
No. 08-18-00222-CR (Tex. App. Dec. 19, 2018)
Case details for

Ferris v. State

Case Details

Full title:DANIEL DAVID FERRIS, Appellant, v. THE STATE OF TEXAS, State.

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Dec 19, 2018

Citations

No. 08-18-00222-CR (Tex. App. Dec. 19, 2018)