John Kenneth Weekley v. State

Opinion

Order entered February 18, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00037-CR

JOHN KENNETH WEEKLEY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas

Trial Court Cause No. F-0955995-H

ORDER

The Court has before it appellant’s February 17, 2015 motion to reject counsel and

proceed pro se. In the motion, appellant asserts that he is concerned appointed counsel will file an Anders brief and that he will not have access to the trial record to prepare a response. We note that this is an appeal from the trial court’s order denying appellant’s motion for post- conviction DNA testing. No hearing was conducted on the motion; therefore, the only record before this Court is the clerk’s record.

We ORDER the trial court to conduct a hearing to determine whether appellant desires to dismiss counsel and proceed pro se.

 The trial court shall first advise appellant that he does not have the right to courtappointed counsel of his choice. See Buntion v. Harmon, 827 S.W.2d 945 (Tex. Crim.

App. 1992); Sampson v. State, 854 S.W.2d 659 (Tex. App.–Dallas 1992, no pet.).

 The trial court shall next advise appellant of the dangers and disadvantages of selfrepresentation . See Hubbard v. State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987). The trial court shall further advise appellant that he does not have the right to hybrid representation and that he will solely be responsible for filing appellant’s brief and will be subject to the Texas Rules of Appellate Procedure in his filings and communications with the Court of Appeals.

 If the trial court determines appellant’s waiver of counsel is knowing and voluntary, it shall provide appellant with a statement in substantially the form provided in article 1.051(g) of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN.

art. 1.051(g).

We ORDER the trial court to transmit a supplemental record containing the written findings of fact, any supporting documentation, and any orders to this Court within THIRTY DAYS of the date of this order. If the trial court determines appellant’s waiver of counsel is knowing and voluntary, the supplemental record shall contain appellant’s signed, written waiver in substantially the form provided by article 1.051(g).

The appeal is ABATED to allow the trial court to comply with this order. It shall be reinstated thirty days from the date of this order or when the supplemental record is received,

whichever is earlier.

/s/ ADA BROWN

JUSTICE