Janine Joyce Charboneau v. State

Order entered May 29, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00340-CR
JANINE JOYCE CHARBONEAU, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-80751-2012
ORDER
The Court GRANTS the May 23, 2013 motion of Tonda Curry to withdraw as
appellant’s counsel. We DIRECT the Clerk to remove Tonda Curry as appellant’s attorney of
record.
We ORDER the trial court to conduct a hearing to determine whether the following:
 Whether appellant desires to be represented by counsel in this appeal.
 If appellant desires to be represented by counsel, the trial court shall determine whether
appellant is indigent and entitled to court appointed counsel. If appellant is indigent, we
ORDER the trial court to appoint counsel to represent appellant.
 If appellant is not indigent, the trial court shall determine whether appellant has retained
new counsel to represent her and, if so, the name, State Bar number, address, and
telephone number of new counsel.
 If the trial court determines that appellant does not wish to be represented by counsel, the
trial court shall advise appellant of the dangers and disadvantages of self-representation.
See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987).
 If the trial court determines appellant’s waiver of counsel is knowing and voluntary, it
shall provide appellant with a statement in substantially the form provided in article
1.051(g) of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN.
art. 1.051(g).
We ORDER the trial court to transmit a supplemental record containing the written
findings of fact, any supporting documentation, and any orders to this Court within THIRTY
DAYS of the date of this order. If the trial court determines appellant’s waiver of counsel is
knowing and voluntary, the supplemental record shall contain appellant’s signed, written waiver
in substantially the form provided by article 1.051(g).
The appeal is ABATED to allow the trial court to comply with this order. It shall be
reinstated thirty days from the date of this order or when the supplemental record is received,
whichever is earlier.
/s/ LANA MYERS
JUSTICE