Opinion
NO. 02-16-00373-CR NO. 02-16-00374-CR
02-10-2017
JAMES R. HERNANDEZ APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1413791D, 1413902D
ABATEMENT ORDER
We have considered the "Motion to Withdraw as Counsel" filed by Elizabeth Berry, appellant's appointed counsel.
The motion is GRANTED. The Hon. Elizabeth Berry is permitted to withdraw as attorney of record for appellant.
It is ORDERED that this appeal is abated and the cause is remanded to the trial court. The trial court shall immediately conduct a hearing with appellant present to:
1. Determine whether appellant desires to prosecute his appeal;
2. Determine whether appellant is indigent;
3. If appellant is determined to be indigent, determine whether counsel should be appointed to represent appellant and appoint counsel, if necessary;
4. If appellant desires to proceed pro se, admonish appellant of the dangers and disadvantages of self-representation, in accordance with Faretta v. California, 422 U.S. 806, 835, 95 S. Ct. 2525, 2541 (1975) and Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987) and determine whether appellant's decision to proceed pro se is competently and intelligently made; and
5. Take any other measures that the trial court deems necessary to insure appellant does not forfeit his right to appeal.
If counsel is appointed to represent appellant, the supplemental record shall reflect that appointed counsel has been notified of the appointment. If appellant is incarcerated, the trial court shall also retain him in the county for a reasonable period of time to allow appointed counsel an opportunity to confer with appellant.
The trial court shall make findings and file a record of the hearing in this court on or before Thursday, March 9, 2017. The record shall include a supplemental reporter's record and supplemental clerk's record. Upon our receipt of the supplemental record, the appeal of this cause shall be automatically reinstated without further order.
The clerk of this court shall transmit a copy of this order to the appellant, the attorneys of record, the trial judge, the trial court clerk, and the court reporter.
DATED February 10, 2017.
PER CURIAM