James Sterling Ostrander v. State of Texas

• Court: Court of Appeals of Texas
• Decided: October 28, 2010
• Docket: 11-10-00271-CR
• Status: Published

Opinion

Order filed October 28, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00271-CR

                        JAMES STERLING OSTRANDER, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 266th District Court

                                                            Erath County, Texas

                                                   Trial Court Cause No. CR13268

                                                                     O R D E R

            James Sterling Ostrander has filed in this court a pro se motion to present his case.  In his motion, appellant states that he has been unable to contact his court-appointed counsel and that he has material that he desires to forward to this court.

            The appeal is abated, and the trial court is directed to conduct a hearing to determine if the appointment of subsequent counsel is required.  If it is determined that appellant is indigent and is exercising his right to represent himself, the trial court must develop evidence as to whether appellant’s decision to proceed without counsel is knowingly and intelligently made and enter findings of fact and conclusions of law.  Faretta v. California, 422 U.S. 806 (1975); Ex parte Davis, 818 S.W.2d 64 (Tex. Crim. App. 1991); Hubbard v. State, 739 S.W.2d 341 (Tex. Crim. App. 1987); Webb v. State, 533 S.W.2d 780 (Tex. Crim. App. 1976).

            The clerk of the trial court is directed to prepare and forward to this court a supplemental clerk’s record containing the findings and orders of the trial court.  In the event a hearing is conducted, the court reporter is directed to prepare and forward to this court a supplemental reporter’s record from the hearing.  The supplemental records are due to be filed in this court on or before November 15, 2010.

            The appeal is abated.  Upon the filing of the supplemental records, the appeal will be reinstated.

                                                                                    PER CURIAM

October 28, 2010

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.