Michael David Knovicka v. the State of Texas ( 2023 )

FILE COPY
Fourth Court of Appeals
San Antonio, Texas
February 8, 2023
No. 04-22-00682-CR
Michael David KNOVICKA,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CR-XX-XXXXXXX
Honorable M. Rex Emerson, Judge Presiding
ORDER
On January 24, 2023, appellant’s appointed attorney, Amanda Roming, filed a motion to
withdraw as appellate counsel. She states she can no longer represent appellant because there
has been an irreparable breakdown in communication as evidenced by letters sent to the court.
We grant Ms. Roming’s motion to withdraw.
Appellant, whose brief is currently due on March 20, 2023, is now without
representation. We therefore order this appeal abated to the trial court. See Duncan v. State,
653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding appellate courts may abate appeals so trial
court can assure appellant has effective assistance of counsel). We remand the cause to the trial
court for it to make appropriate findings and rule on these issues:
1. Does appellant desire to prosecute his appeal?
2. Is appellant indigent? If appellant is indigent and desires to prosecute his appeal, the
trial court should take steps necessary to ensure effective assistance of counsel,
including the appointment of new counsel, if necessary. If appellant desires to
proceed pro se, the trial court is directed to determine appellant’s ability and capacity
to knowingly and intelligently waive his right to counsel. See Ex parte Davis, 818
S.W.2d 64, 66-68 (Tex. Crim. App. 1991); Hubbard v. State, 739 S.W.2d 341, 345
(Tex. Crim. App. 1987). The trial should consider whether allowing appellant to
proceed pro se on appeal is in the best interests of the appellant and the government.
FILE COPY
Martinez v. California, 528 U.S. 152, 120 S. Ct. 684, 691-92 145 L. Ed.2d 597(2000).
We further order the trial court to file in this court by March 10, 2023: (1) a reporter’s
record of the hearing, and (2) a supplemental clerk’s record containing the trial court’s written
findings of fact and conclusions of law on the above issues.
We further order appellant’s pro se motions filed on January 27, 2023 and titled “Motion
for Appeal Bond” and “Motion for Appeal Speedy Trial” denied.
All other appellate deadlines are suspended until further notice from this court.
_________________________________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 8th day of February, 2023.
___________________________________
MICHAEL A. CRUZ, Clerk of Court