Darren Latodd Houston v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 1, 2023
• Docket: 03-23-00082-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00082-CR

Darren Latodd Houston, Appellant

v.

The State of Texas, Appellee

FROM THE 155TH DISTRICT COURT OF FAYETTE COUNTY NO. 2020R-154, THE HONORABLE JAMES H. SHOEMAKE, JUDGE PRESIDING

ORDER AND MEMORANDUM OPINION

PER CURIAM

Appellant Darren Latodd Houston is currently represented on appeal by appointed

counsel. On October 3, 2023, counsel attempted to file a “Motion for Extension of Time to File

Brief,” in which he requested that we order him withdrawn and allow appellant to represent

himself. 1 On November 17, 2023, the Court received a letter from appellant confirming that he

wishes to proceed pro se and asking that we order counsel to file a motion to withdraw.

We therefore abate this appeal and remand the cause to the trial court to conduct a

hearing and determine whether: (1) appellant desires to prosecute his appeal; (2) appellant

wishes to discharge his appointed attorney and proceed with his appeal pro se; (3) the waiver of

1 We rejected the filing because it was not in compliance with Rule of Appellate Procedure 6.5. See Tex. R. App. P. 6.5. As of the date of this order, counsel has not filed a corrected motion. assistance of counsel is made voluntarily, knowingly, and intelligently; (4) appellant’s decision

to proceed pro se is in the best interest of appellant and of the State; and (5) appellant is fully

aware of the dangers and disadvantages of self-representation. See Tex. R. App. P. 43.6

(permitting courts of appeals to make “any other appropriate order that the law and the nature of

the case require”); Williams v. State, 252 S.W.3d 353, 356 (Tex. Crim. App. 2008); Funderburg

v. State, 717 S.W.2d 637, 641–42 (Tex. Crim. App. 1986); Thompson v. State, 525 S.W.3d 744,

744 (Tex. App.—Houston [14th Dist.] 2017, pet. ref’d) (order) (per curiam). If the trial court

determines that appellant has made a voluntary, knowing, and intelligent decision to waive his

right to counsel on appeal and to represent himself, it shall revoke its order appointing appellate

counsel for appellant.

The court is also ordered to prepare a supplemental reporter’s record of the

hearing as well as a supplemental clerk’s record including all appropriate orders, findings of

facts, and conclusions of law. See Tex. R. App. P. 34.5(c)(2), .6(d). The records shall be filed

with this Court no later than January 12, 2024.

It is ordered on December 1, 2023.

Before Chief Justice Byrne, Justices Kelly and Theofanis

Abated and Remanded

Filed: December 1, 2023

Do Not Publish