Opinion
Appellate case number: 01-16-00487-CR
11-15-2016
Devorius Jones v. The State of Texas
ORDER Trial court case number: 1454417 Trial court: 263rd District Court of Harris County
Devorius Jones pleaded guilty to the offense of aggravated robbery without an agreed recommendation from the State as to sentencing. The trial court sentenced Jones to 15 years' incarceration in the Texas Department of Criminal Justice. In the notice of appeal, Jones' appointed counsel moved to withdraw. The record contains no ruling on that motion. Jones also asserted in the notice of appeal that he was indigent and asked the trial court to appoint counsel on appeal. The trial court did not rule on Jones' request.
The record does not indicate that appellant was admonished about proceeding pro se, that appellant desired to proceed pro se, or that appellant retained an attorney for his appeal, nor does it contain an order appointing appellate counsel. The court reporter has not filed the reporter's record and asserts that Jones has not made arrangements to pay for the record.
Accordingly, we abate this appeal and remand the case to the trial court for a hearing at which appellant shall be present in person. The court coordinator of the trial court shall set a date for said hearing and notify the parties, including appellant. If appellant is now incarcerated, he may appear by closed video teleconference. We direct the trial court to make appropriate written findings of fact and conclusions of law and to execute any necessary orders on these issues:
Any such teleconference must use a closed-circuit video teleconferencing system that provides for a simultaneous compressed full motion video and interactive communication of image and sound between the trial court, appellant, and any attorneys representing the State or appellant. On request, appellant and his counsel shall be able to communicate privately without being recorded or heard by the trial court or the attorney representing the State. --------
1) Whether appellant still wishes to pursue this appeal;
2) If so, whether appellant is now indigent and entitled to appointed counsel; and, if indigent,
a. appoint counsel on appeal, and
b. order the court reporter to file the reporter's record with this Court at no cost to appellant;
3) If appellant is not indigent:
a. whether he has retained an attorney to file a brief, and, if so, obtain the name, address, and telephone number of retained counsel;
b. if appellant has not retained counsel, the trial court shall admonish appellant of the dangers and disadvantages of self-representation, and
See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (f); Oliver, 872 S.W.2d at 716; Minjares, 577 S.W.2d at 224; cf. TEX. CODE CRIM. PROC. ANN. art. 1.051(g).i. determine whether appellant is knowingly and intelligently waiving his right to counsel; or,
ii. if appellant does not wish to proceed pro se, provide a deadline by which appellant must hire an attorney.
The trial court shall have a court reporter record the hearing and file the reporter's record with the Court no later than December 15, 2016. Additionally, the trial court's findings and recommendations and any orders issued pursuant to this hearing shall be included in a supplemental clerk's record and filed in this Court no later than December 15, 2016. If the hearing is conducted by video teleconference, a certified electronic copy of the hearing shall be filed in this Court no later than December 15, 2016.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when records that comply with our order are filed with the Clerk of this Court. The court coordinator of the trial court shall set a hearing date and notify the parties.
It is so ORDERED. Judge's signature: /s/ Harvey Brown
[×] Acting individually Date: November 15, 2016