John Earnest Collier Jr. v. State

• Court: Court of Appeals of Texas
• Decided: March 7, 2013
• Docket: 09-12-00498-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00498-CR ____________________

JOHN COLLIER, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 258th District Court Polk County, Texas Trial Cause No. 19687 ________________________________________________________ _____________

ORDER

On October 4, 2012, John Collier filed a notice of appeal from an order

denying DNA testing signed by the trial court on September 17, 2012. On February

11, 2013, Collier filed a request for appointed counsel with this Court. Matters

concerning the appointment of counsel should be addressed by the trial court in the

first instance. See generally Tex. Code Crim. Proc. Ann. art. 26.04(a) (West Supp.

2012).

1 It is, therefore, ORDERED that the case is remanded to the trial court for a

hearing to determine whether the appellant is indigent. If appellant is indigent and

requests that counsel be appointed, the trial court shall determine whether appellant

has a right to appointed counsel to represent the appellant for the appeal unless the

appellant elects to proceed pro se, in which case the trial court shall determine

whether appellant’s decision is knowingly and intelligently made. See Faretta v.

California, 422 U.S. 836, 95 S.Ct. 2525, 45 L.E.2d 562 (1975); East v. State, 48

S.W.3d 412 (Tex. App.—Houston [14th Dist.] 2001, no pet.). The supplemental

clerk’s record containing any orders and findings made by the trial court and a

reporter’s record of any hearings conducted pursuant to this Order shall be filed

with the Court of Appeals by April 8, 2013. The appeal is abated and all appellate

timetables are suspended while the case is in the trial court.

ORDER ENTERED March 7, 2013.

PER CURIAM

Before Gaultney, Kreger, and Horton, JJ.