Opinion
No. 08-17-00075-CR
07-10-2017
Jan Abraham Nel, Appellant, v. The State of Texas, State.
Appeal from the 210 District Court of El Paso County, Texas (TC# 20160D02824) ORDER
The Reporter's Record is currently due July 27, 2017. Appellant is currently unrepresented by counsel on appeal, and the clerk's record does not contain a written order on Appellant's motion for the appointment of counsel. Further, it does not appear that Appellant has been admonished regarding the dangers of self-representation. Accordingly, the trial court is ORDERED to conduct a hearing to determine whether Appellant is entitled to the appointment of counsel on appeal. In the event Appellant is not entitled to the appointment of counsel, the trial court shall conduct the hearing required by 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), and determine whether Appellant is making a competent and intelligent choice in choosing to proceed pro se on appeal. The trial court shall make Appellant aware of the dangers and disadvantages of self-representation on appeal so that the record will establish that Appellant knows what he is doing and his choice is made with "eyes open." Faretta, 422 U.S. at 835, 95 S.Ct. at 2541. Further, the trial court shall make findings of fact and conclusions of law related to the following:
1. whether Appellant desires to prosecute the appeal;
2. whether Appellant is entitled to the appointment of counsel on appeal;
3. whether Appellant is aware of the dangers and disadvantages of self-representation on appeal; and
4. 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 August 9, 2017.
IT IS SO ORDERED this 10 day of July, 2017.
PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.