Opinion
No. 08-14-00139-CR
03-26-2015
THOMAS LEONARD, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 120th District Court of El Paso County, Texas (TC# 20110D02415) ORDER
Pending before the Court is Appellant's request to represent himself on appeal. Appellant's appointed counsel has previously filed a brief in this case and he has not filed a motion to withdraw. In order to determine whether Appellant is entitled to the relief requested in the request, we abate the appeal and remand the cause to the trial court in order for the court to conduct a hearing in compliance with Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 562 (1975), and Hubbard v. State, 739 S.W.2d 341, 345 (Tex.Crim.App. 1987). The trial court is directed to make findings of fact and conclusions of law related to the following: 1. whether Appellant desires to prosecute the appeal; 2. whether Appellant's request to remove appointed counsel and represent himself on appeal is an attempt to obstruct court procedure or interfere with the administration of justice; 3. whether Appellant is aware of the dangers and disadvantages of self-representation on appeal; 4. whether Appellant is aware that if he persists in his desire for self-representation, the brief previously filed by appointed counsel will be stricken and will not be considered by the Court of Appeals for any purpose; and 5. whether Appellant's decision to represent himself on appeal is competently and intelligently made.
A transcription of the hearing and a supplemental clerk's record containing the court's findings and orders must be certified and filed in this Court by April 25, 2015.
IT IS FURTHER ORDERED that deadline for these appeals are suspended pending further order of this Court.
IT IS SO ORDERED this 26th day of March, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.