the State of Texas v. Joseph Turner

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In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-22-00018-CR
No. 02-22-00019-CR
THE STATE OF TEXAS, Appellant
V.
JOSEPH TURNER
On Appeal from the 235th District Court
Cooke County, Texas
Trial Court No. CR21-00132, CR21-00133
AMENDED ABATEMENT ORDER
We have considered the “Motion To Withdraw As Counsel” filed by
appellee’s retained counsel, Dan L. Wyde.
The motion is GRANTED. The Hon. Dan L. Wyde is permitted to withdraw
as attorney of record for appellee.
It is ORDERED that this appeal is abated and the cause is remanded to the
trial court. The trial court shall conduct a hearing with appellee present to:
1. Determine whether appellee desires to prosecute his appeal;
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2. Determine whether appellee is indigent;
3. If appellee is determined to be indigent, determine whether counsel
should be appointed to represent appellee and appoint counsel, if
necessary;1
4. If appellee desires to proceed pro se, admonish appellee of the dangers
and disadvantages of self-representation, in accordance with Faretta v.
California, 422 U.S. 806, 835, 95 S. Ct. 2525, 2541 (1975), and Hubbard v.
State, 739 S.W.2d 341, 345 (Tex. Crim. App.1987), and determine
whether appellee’s decision to proceed pro se is competently and
intelligently made; and
5. Take any other measures that the trial court deems necessary to ensure
appellee does not forfeit his right to appeal.
Appellee may participate remotely, such as by telephone, videoconference, or
other appropriate and reasonable means, unless the trial court determines that it is
necessary to have appellee appear in person.
The trial court shall make findings and file a record of the hearing in this court
on or before Friday, September 30, 2022. The record shall include a supplemental
reporter’s record and supplemental clerk’s record. On our receipt of the supplemental
record, the appeal of this cause shall be automatically reinstated without further order.
1 If counsel has been appointed to represent appellee, the supplemental record
shall reflect that appointed counsel has been notified of the appointment. If appellee
is incarcerated, the trial court shall also retain him in the county for a reasonable
period of time to allow appointed counsel an opportunity to confer with appellee.
2
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We direct the clerk of this court to send a notice of this order to the
appellee, Hon. Dan L. Wyde, the State’s attorney, the trial judge, the trial court
clerk, and the court reporter.
Dated August 1, 2022.
Per Curiam