Opinion
No. 08-17-00116-CR
09-06-2017
ROBERTO A. GUTIERREZ, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 210th District Court of El Paso County, Texas (TC# 20160D04381) ORDER
On September 5, 2017, Erika C. Wright, Official Court Reporter for the 210th District Court of El Paso County, Texas, filed with this Court a status letter advising the Court that Mr. Derek Wyatt filed a motion to withdraw as attorney of record on June 5, 2017. It appears that the trial court has not yet ruled on the motion.
Therefore, it is ORDERED that the trial court conduct a hearing to determine whether Appellant intends to retain appellate counsel, whether he is entitled to court-appointed counsel, or whether he wishes to proceed pro se. The trial court shall enter all necessary orders and/or findings which may include appointing counsel to represent Appellant on appeal. In the event Appellant elects to proceed pro se, the trial court shall make Appellant aware of the dangers and disadvantages of self-representation and develop evidence as to whether Appellant's apparent decision to relinquish the 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 findings to the District Clerk of El Paso County, Texas, on or before September 26, 2017. The District Clerk shall prepare and forward a supplemental clerk's record containing the findings and any order appointing counsel, and forward the same to this Court on or before October 6, 2017. Further, the transcription of the hearing shall be prepared, certified and filed with this Court on or before October 6, 2017.
IT IS SO ORDERED this 6th day of September, 2017.
PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.