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Larkin v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 25, 2007
No. 10-06-00314-CR (Tex. App. Jul. 25, 2007)

Opinion

No. 10-06-00314-CR

Opinion delivered and filed July 25, 2007. DO NOT PUBLISH.

On Appeal from the 52nd District Court Coryell County, Texas, Trial Court No. FO-06-18232.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


ABATEMENT ORDER


Michael Larkin was convicted of attempted aggravated kidnapping and sentenced to 20 years in prison. He appealed this conviction. In a letter received by the Court on July 17, 2007, appointed counsel informed the Court that Larkin instructed counsel to withdraw from the appeal. Counsel is unsure whether Larkin will request new appointed counsel, retain counsel, or seek to represent himself on appeal. This appeal is abated to the trial court to hold a hearing within 30 days from the date of this order to consider whether to allow counsel to withdraw, whether to appoint new counsel for Larkin or allow Larkin to retain counsel, or whether Larkin may represent himself on appeal. If Larkin desires to waive his right to counsel and represent himself on appeal, the waiver should be made knowingly and intelligently and he should be warned of the dangers and disadvantages accompanying such waiver. Faretta v. California, 422 U.S. 806, 835, 95 S. Ct. 2525, 2541, 45 L. Ed. 2d 562 (1975); Hatten v. State, 71 S.W.3d 332, 333 (Tex.Crim.App. 2002). A waiver of the right to counsel must be in writing and must substantially comply with article 1.051(g) of the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 1.051(g) (Vernon 2005). Supplemental Clerk's and Reporter's Records are ordered to be filed within 45 days from the date of this order. Appeal abated


Summaries of

Larkin v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 25, 2007
No. 10-06-00314-CR (Tex. App. Jul. 25, 2007)
Case details for

Larkin v. State

Case Details

Full title:MICHAEL LARKIN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 25, 2007

Citations

No. 10-06-00314-CR (Tex. App. Jul. 25, 2007)