Opinion
04-22-00289-CR
08-15-2023
Chad Wade SPENCE, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas Trial Court No. CRW2101019 Honorable Russell Wilson, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Beth Watkins, Justice.
ORDER
PER CURIAM.
On May 18, 2023, appellant filed a pro se "Motion to Dismiss Appellate Counsel and Proceed Pro Se." On June 27, 2023, we abated this appeal and ordered the trial court to hold a hearing on appellant's motion to determine: (1) whether appellant desired to prosecute his appeal; (2) whether appellant wished to discharge his appointed attorney and proceed with his appeal pro se; (3) whether the waiver of assistance of counsel was made voluntarily, knowingly, and intelligently; (4) whether appellant's decision to proceed pro se was in the best interest of appellant and the State and in the furtherance of the proper administration of justice; and (5) whether appellant was fully aware of the dangers and disadvantages of self-representation.
On August 2, 2023, the trial court held the hearing required by our order at which appellant, his appointed counsel, and counsel for the State appeared. During the hearing, the trial court questioned appellant and his appointed counsel as to appellant's educational background, his experience with and understanding of the appellate process, and his desire to proceed pro se in this appeal. At the conclusion of the hearing, the trial court found: (1) appellant desired to prosecute his appeal and wished to dismiss his appointed counsel; (2) appellant's appointed counsel had no objection; (3) appellant was educated, "literate and intelligent," and fully aware of the dangers and disadvantages of self-representation; (4) appellant waived his right to counsel knowingly and intelligently; and (5) it was in the best interest of appellant and the state and in the furtherance of the proper administration of justice to allow appellant to proceed pro se. Based on these findings, the trial court concluded appellant was entitled to prosecute his appeal pro se.
In light of the trial court's findings of fact and conclusions of law, we LIFT our June 27, 2023 abatement and REINSTATE this appeal to our active docket. We GRANT appellant's May 18, 2023 "Motion to Dismiss Appellate Counsel and Proceed Pro Se," and we ORDER appellant's appointed counsel, John Lamerson, withdrawn as counsel for appellant.
We ORDER the District Clerk of Wilson County to prepare and send a full and complete duplicate copy of the clerk's record and the reporter's record for cause number CRW2101019 to appellant at:
Chad Wade Spence
#2388861
2661 FM 2054
Tennessee Colony, TX 75884 We further ORDER the District Clerk to file written notice in this court by August 25, 2023 confirming the date the record was sent to appellant. Appellant's brief will be due 40 days after the date the record was sent to appellant.
It is so ORDERED.