Opinion
No. 10-12-00415-CR
12-27-2012
LORETTA J. MESERVE, Appellant v. THE STATE OF TEXAS, Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. 36,293
ORDER
Loretta J. Meserve was convicted and sentenced on October 11, 2012. We abated this appeal on November 21, 2012 so that the trial court could consider whether Meserve was indigent, whether trial counsel continued to represent Meserve on appeal, and if not, whether to appoint new counsel for Meserve. Since that time, we received the clerk's record which contained a motion to withdraw from Meserve's trial counsel indicating that Meserve had "fired" counsel and wished to represent herself on appeal.
This appeal is reinstated.
The appeal is again abated to the trial court to hold a hearing within 30 days from the date of this order to consider whether Meserve is indigent and if so, whether to allow counsel to withdraw, whether to appoint new counsel for Meserve, or whether to allow Meserve to represent herself on appeal if she still so desires. See TEX. CODE CRIM. PROC. ANN. arts. 1.051, 26.04 (West Supp. 2012). If Meserve wishes to waive her right to counsel and represent herself on appeal, the waiver should be made knowingly and intelligently and she 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) (West Supp. 2012).
Supplemental Clerk's and Reporter's Records containing the trial court's written or oral findings and rulings are ordered to be filed within 45 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
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