Opinion
04-22-00682-CR
04-12-2023
Michael David KNOVICKA, Appellant v. The STATE of Texas, Appellee
From the 198th Judicial District Court, Bandera County, Texas Trial Court No. CR-21-0000040 Honorable M. Rex Emerson, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On January 24, 2023, appellant's appointed attorney, Amanda Roming, filed a motion to withdraw as appellate counsel. On February 8, 2023, we granted Ms. Roming's motion, abated this appeal, and remanded the case to the trial court to determine: (1) whether appellant desired to prosecute this appeal; (2) whether appellant was indigent; and (3) for the appointment of counsel if the trial court determined appellant wished to continue the appeal and was indigent.
On March 21, 2023, we received a supplemental clerk's record containing the trial court's written findings of fact and conclusions of law. In its findings of fact and conclusions of law, the trial court found appellant wished to prosecute this appeal and was indigent. The trial court also ordered the appointment of Mr. Kurt Rudkin as appellant's new appellate attorney.
We therefore order this appeal reinstated on the docket of this court, and we order appellant's brief due by May 12, 2023.
We further order the following pro se motions denied because appellant is now represented by counsel and is not entitled to hybrid representation:
• Motion filed on February 3, 2023;
• Motion for Transcript filed on February 3, 2023;
• Motion to Object Withdraw filed on February 10, 2023;
• Motion to Refuse Withdraw of Counsel filed on February 10, 2023;
• Motion for Discovery filed on February 10, 2023;
• Motion filed on February 10, 2023;
• Motion filed on February 13, 2023;
• Motion for Court Transcripts filed on February 16, 2023;
• Motion for Speedy Trial filed on February 23, 2023;
• Motion for Discovery filed on February 23, 2023; and
• Motion for Speedy Trial filed on February 27, 2023.See Jenkins v. State, 592 S.W.3d 894, 902, n.47 (Tex. Crim. App. 2018) (holding a defendant is not entitled to hybrid representation and a court "is free to disregard any pro se motions presented by a defendant who is represented by counsel").