Tony Lamar Lockett v. State of Texas

Opinion

Order filed July 22, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00085-CR

                              TONY LAMAR LOCKETT, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 350th District Court

                                                            Taylor County, Texas

                                                    Trial Court Cause No. 7357-D

                                                                     O R D E R

            David W. Thedford, court-appointed counsel for Tony Lamar Lockett, has filed in this court a motion seeking to withdraw as counsel.  Mr. Thedford states that he is under radiation treatment for cancer and will be unable to prepare the brief.

            The appeal is abated in order that the trial court may appoint subsequent counsel.  If it is determined that appellant has abandoned his appeal or that appellant is not indigent and has failed to make necessary arrangements for filing a brief, the trial court is directed to make specific findings in order that the appeal may be submitted on the record pursuant to Tex. R. App. P. 38.8(b). 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 a supplemental clerk’s record containing the order appointing subsequent counsel and any other relevant orders.  In the event a hearing is conducted, the court reporter is directed to prepare and file a supplemental reporter’s record of the hearing.  The supplemental records are due to be filed in this court on or before September 7, 2010.  Appellant’s brief will be due to be filed in this court thirty days after the supplemental record is filed in this court.   

The appeal is abated.

                                                                                                PER CURIAM

July 22, 2010

Do not publish.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

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.