Opinion
No. 11-17-00149-CR
10-12-2017
RONNY MARK ALDRIDGE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 106th District Court Dawson County, Texas
Trial Court Cause No. 16-7692
ORDER
Ronny Mark Aldridge is currently represented by court-appointed counsel, Arthur Aguilar Jr.; however, it appears that Aldridge may wish to represent himself on appeal. When this court received correspondence from Aldridge on July 27, 2017, the clerk of this court informed him by letter that he is not entitled to hybrid representation and that he is currently represented by court-appointed counsel. In response, Aldridge has filed in this court a timely request to "fire" Aguilar and proceed pro se in this appeal. We abate this appeal.
At the outset, we note that Aldridge has inquired about an appeal bond. We point out that, because he received a ten-year sentence, he cannot be released on bond pending this appeal. See TEX. CODE CRIM. PROC. ANN. art. 44.04(b) (West Supp. 2016).
With respect to Aldridge's request to proceed pro se, we must abate the appeal and remand the cause to the trial court so that the trial court may determine the following:
1. Whether Aldridge desires to prosecute his appeal;If it is determined that Aldridge is indigent and is exercising his right to represent himself, the trial court must develop evidence as to whether Aldridge's decision to proceed without counsel is knowingly and intelligently made. See Faretta v. California, 422 U.S. 806 (1975); Ex parte Davis, 818 S.W.2d 64 (Tex. Crim. App. 1991); Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987); Webb v. State, 533 S.W.2d 780, 783-86 (Tex. Crim. App. 1976). We note that Aldridge need not appear in person at the hearing and that the trial court may permit him to appear via telephone. The trial court is directed to enter findings of fact and conclusions of law and to make any appropriate recommendations to this court.
2. Whether Aldridge remains indigent;
3. If not indigent, whether Aldridge has retained counsel for this appeal; and
4. If indigent, whether Aldridge desires to have counsel appointed to represent him in this appeal or whether, after being warned of the dangers and disadvantages of self-representation, Aldridge competently and intelligently chooses to exercise the right to represent himself.
The clerk of the trial court is directed to prepare and forward to this court a supplemental clerk's record containing the findings, recommendations, and any orders of the trial court. The court reporter is directed to prepare and forward to this court the reporter's record from the hearing. These records are due to be filed in this court on or before November 10, 2017.
The appeal is abated.
PER CURIAM October 12, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.