Opinion
01-21-00012-CR
02-01-2022
Robert Moore v. The State of Texas
209th Judicial District Court of Harris County Trial court case number: 1672800
ORDER
SARAH BETH LANDAU JUDGE
On January 24, 2022, after the case was submitted but before a decision could be issued, Andrew J. Smith, who was appointed to represent Appellant Robert Moore, filed a motion to withdraw, stating that "he has been appointed by the Harris County District Court Judges to serve as a Felony Associate Judge," and that he would begin this new position on February 1, 2022.
We abate the appeal and remand the cause to the trial court to conduct a hearing to address the motion for withdrawal and for appointment of new counsel for Appellant. See Tex. R. App. P. 43.6. A representative of the Harris County District Attorney's Office and Appellant shall be present at the hearing. Parties to the hearing or other required proceeding may participate remotely, such as by videoconferencing or other means. See Forty-Seventh Emergency Order Regarding the Covid-19 State of Disaster, Misc. Docket No. 22-9005 (Tex. January 19, 2022), available at https://www.txcourts.gov/media/1453483/229005.pdf.
We direct the trial court to:
1) Determine whether Appellant still wishes to pursue this appeal;
2) Determine whether Appellant still wishes to be appointed appellate counsel, and
a. if so, appoint substitute appellate counsel at no cost to Appellant;
b. if not, admonish Appellant regarding the dangers and disadvantages of self-representation, and:
i. determine whether Appellant is knowingly and intelligently waiving his right to counsel; and
ii. if so, obtain a waiver of the right to counsel; or
iii. if Appellant wishes to hire an attorney, provide a deadline by which Appellant must hire an attorney, which must be no more than 30 days from the date of the hearing;
3) Enter written findings of fact, conclusions of law, and recommendations as to these issues, separate and apart from any docket sheet notations; and1
4) Make any other findings and recommendations the trial court deems appropriate.See Tex. Crim. Proc. Ann. art. 1.051(a), (c), (d)(1), (f), 26.04.
The court coordinator of the trial court shall set a hearing date no later than 30 days from the date of this order and notify the parties and the Clerk of this Court of such date. The trial court clerk is directed to file, within 30 days of the date of the hearing, a supplemental clerk's record containing the trial court's findings, recommendations, and any order made. See Tex. R. App. P. 34.5(c). The court reporter is directed to file, within 30 days of the date of the hearing, the supplemental reporter's record of the hearing.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record and the reporter's record of the hearing are filed in this Court. The court coordinator of the trial court shall set a hearing date and notify the parties and the Clerk of this Court of such date.
It is so ORDERED. 2