Opinion
05-23-01066-CR
02-14-2024
NEIL PAUL NOBLE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F18-45998
ORDER
DENNISE GARCIA, JUSTICE
Appellant appears to be pro se in this appeal. In a motion filed November 7, 2023, appellant stated he was not indigent. However, review of the clerk's record indicates appellant may be indigent and entitled to appointed counsel on appeal.
We ORDER the trial court to hold a hearing on the record within TWENTY DAYS of the date of this order and determine whether appellant is indigent. If appellant is not indigent, the trial court shall make a finding whether appellant has counsel. If appellant is not indigent and is not represented by counsel, the trial court shall admonish appellant concerning the dangers of self-representation. If appellant is indigent, the trial court shall find whether appellant desires to be represented by appointed counsel. If appellant is indigent and does not desire to be represented by appointed counsel, the trial court shall admonish appellant concerning the dangers of self-representation. If appellant is indigent and desires to be represented by appointed counsel, the trial court shall appoint counsel for appellant. If appellant is indigent and continues after the trial court's admonishment to desire to represent himself on appeal, the trial court shall find whether appellant's decision to represent himself is competently and intelligently made, including whether he is aware of the dangers and disadvantages of self-representation on appeal, and whether allowing appellant to represent himself is in his best interest, the best interest of the State, and in furtherance of the proper administration of justice.
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
We ORDER the court reporter for the hearing to file a reporter's record of the hearing within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Dominique Collins, Presiding Judge, Criminal District Court No. 4; Felicia Pitre, Dallas County District Clerk; Charon Evans, Official Court Reporter, Criminal District Court No. 4; attorney Allison Grinter; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.
We DIRECT the Clerk to send a copy of this order by first class mail to Neil Paul Noble, TDCJ # 02473212, Hutchins Unit, 1500 East Langdon Road, Dallas, TX 75241.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings or at such other time as the Court deems appropriate.