Robert Carver v. State ( 2013 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
ROBERT CARVER, '
No. 08-12-00300-CR
Appellant, '
Appeal from the
v. '
362nd District Court
'
THE STATE OF TEXAS, of Denton County, Texas
'
State. ' (TC# F-2010-2243-D)
ORDER
Pending before the Court is Appellant’s motion to represent himself on appeal.
Appellant’s appointed counsel has previously filed a brief in this case and he has not filed a motion
to withdraw. In order to determine whether Appellant is entitled to the relief requested in the
motion, we abate the appeal and remand the cause to the trial court in order for the court to conduct
a hearing in compliance with 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). The trial
court is directed to make findings of fact and conclusions of law related to the following:
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1. whether Appellant desires to prosecute the appeal;
2. whether Appellant’s request to remove appointed counsel and represent himself on
appeal is an attempt to obstruct court procedure or interfere with the administration of
justice;
3. whether Appellant is aware of the dangers and disadvantages of self-representation on
appeal;
4. whether Appellant is aware that if he persists in his desire for self-representation, the
brief previously filed by appointed counsel will be stricken and will not be considered
by the Court of Appeals for any purpose; and
5. 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 July 8, 2013.
IT IS FURTHER ORDERED that deadline for these appeals are suspended pending further
order of this Court.
IT IS SO ORDERED this 5th day of June, 2013.
PER CURIAM
Before McClure, C.J., Rivera and Rodriguez, JJ.
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