Opinion
05-21-01043-CR
08-12-2022
JOSEPH DEAN FISHER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 20-00307-422-F
ORDER
BILL PEDERSEN, III JUSTICE
We REIN STATE this appeal. We abated because appellant's brief, due Mach 9, 2022, has not been filed. The trial court held a hearing and determined that appellate counsel should be removed.
We DIRECT the Clerk to remove Casey Boyd as counsel for appellant.
We ORDER the trial court to conduct a hearing and to make findings of fact regarding the following:
• The trial court shall first determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that effect.
• If the trial court determines that appellant wishes to prosecute the appeal, it shall then whether, despite his indigent status, appellant will retain counsel to represent him in the appeal and, if so, the name, State Bar number, and contact information for retained counsel. If appellant does not intend to retain counsel to represent him, the trial court shall determine whether appellant desires new court-appointed counsel or whether he intends to represent himself.
• If appellant desires new court-appointed counsel, the trial court shall appoint an attorney to represent appellant in this appeal and shall notify this Court of the appointment.
• If appellant decides that he does not wish to be represented by counsel and intends to proceed pro se, the trial court shall advise appellant of the dangers and disadvantages of self-representation. See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987) (trial court should determine whether an appellant is making a competent and intelligent choice in choosing to proceed pro se). The trial court shall further advise appellant that he does not have the right to hybrid representation and that any brief filed by counsel will be stricken.
• If the trial court determines appellant's waiver of counsel is knowing and voluntary, it shall provide appellant with a statement in substantially the same form as provided in article 1.051(g) of the Texas Code of Criminal Procedure and ensure that appellant understands and signs the form. See Tex. Code Crim. Proc. Ann. art. 1.051(g).
We ORDER the trial court to transmit a record, containing the written findings of fact, any supporting documentation, any orders or appointments, and if applicable, a signed written waiver in substantially the same form as provided by article 1.051(g), to this Court within TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Shelton Gibbs, IV, Presiding Judge, 422nd Judicial District Court; to Casey Boyd; and to the Kaufman County District Attorney's Office, Appellate Division. We also DIRECT the Clerk to send a copy of this order by United States mail to Joseph Dean Fisher, TDCJ# 02373180, Gib Lewis Unit, 777 FM 3497, Woodville, TX 75990.
We ABATE the appeal to allow the trial court to comply with the order. The appeal will be reinstated twenty days from the date of this order or when the Court determines is appropriate to do so.