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Marbley v. State

Court of Appeals of Texas, Second District, Fort Worth

December 19, 2013

ANTHONY MARBLEY, APPELLANT
v.
THE STATE OF TEXAS, STATE

FROM COUNTY CRIMINAL COURT NO. 2 OF DENTON COUNTY.

ABATEMENT ORDER

PER CURIAM.

We have considered the appellant's "Motion To Dismiss Appeal" filed by Dominick J. Marsala, appellant's retained counsel on November 22, 2013. The motion is not signed by appellant as required by rule of appellate procedure 42.2(a). See Tex. R. App. P. 42.2(a). In an affidavit attached to his motion, retained counsel stated that he has been unsuccessful in contacting his client by phone since August 2013, and that appellant's whereabouts are unknown.

We abate the appeal and remand this case to the trial court. The trial court shall immediately conduct a hearing with appellant present to:

1. Determine whether appellant desires to prosecute his appeal;
2. Determine whether appellant desires to proceed pro se;
3. If appellant desires to proceed pro se, admonish appellant 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);
4. Determine whether appellant is indigent. If appellant is determined to be indigent, ascertain whether counsel should be appointed to represent appellant and appoint counsel, if necessary;[1]
5. If appellant desires to proceed pro se, determine whether that decision is competently and intelligently made; and
6. Take any other measures that the trial court deems necessary to insure appellant does not forfeit his right to appeal.

The trial court shall file a record of the hearing in this court on or before Monday, January 20, 2014. The record shall include a supplemental reporter's record and supplemental clerk's record. Upon our receipt of the supplemental record, the appeal of this cause shall be automatically reinstated without further order. Appellant's counsel's motion will be ruled on at that time.

The clerk of this court shall transmit a copy of this order to appellant, the attorneys of record, the trial judge, the trial ...


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