Opinion

David Michael Starks v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Nov 8, 2013
Status
Published
Cited by
0 cases
Authority
More cited than 42.0%

remanding to appellate court to direct a trial court hearing admonishing appellant of the dangers and disadvantages of self-representation, and development of evidence as to whether an election to proceed pro se is knowingly and intelligently made

How later courts described this case

  • remanding to appellate court to direct a trial court hearing admonishing appellant of the dangers and disadvantages of self-representation, and development of evidence as to whether an election to proceed pro se is knowingly and intelligently made

Written by the judges who cited it.

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Appellate case name: David Michael Starks v. The State of Texas

Appellate case number: 01-13-00830-CR

Trial court case number: 1397088

Trial court: 178th District Court of Harris County

Appellant, David Michael Stark, has filed a request to dismiss his appointed counsel and

proceed pro se in this appeal.

We review requests for self-representation in appeals from criminal convictions on a

case-by-case basis, considering the best interests of both the appellant and the State. This is

because the Supreme Court held that there is no federal constitutional right to represent oneself

on appeal. Martinez v. Court of Appeal, 528 U.S. 152, 163, 120 S. Ct. 684, 692 (2000); Cormier

v. State, 85 S.W.3d 496, 498 (Tex. App.—Houston [1st Dist.] 2002, order). See also Hubbard v.

State, 739 S.W.2d 341, 345 (Tex. Crim. App. 1987)(remanding to appellate court to direct a trial

court hearing admonishing appellant of the dangers and disadvantages of self-representation, and

development of evidence as to whether an election to proceed pro se is knowingly and

intelligently made).

Accordingly, we require findings from the trial court on this matter and must abate the

appeal and remand the case for a hearing at which appellant shall be present in person.1 If

appellant is not incarcerated, but fails to appear at the hearing after having been notified to do so,

or after reasonable attempts to notify him have been made, then the trial court should make that

finding and send it to this Court. If appellant is present for the hearing, we direct the trial court

to make appropriate findings on these issues:

(1) whether appellant still wishes to prosecute the appeal and, if so,

(2) whether Robert Wicoff should be permitted to withdraw as counsel;

1

If appellant is now incarcerated, he may appear by closed circuit video teleconference.

(3) whether appellant wishes to represent himself after having been admonished

by the trial court of the dangers and disadvantages of doing so;

(4) whether the trial court finds that it would not be in the best interests of

appellant and the State for him to do so; and

(5) if appellant does not wish to represent himself, or if the trial court finds that

self-representation would not be in the best interests of appellant and the

State, whether he is

(a) indigent, in which case the trial court should continue the appointment

of counsel Wicoff, or another appointed counsel or if appellant is

(b) not indigent, the trial court should determine whether appellant has

retained counsel to file a brief and represent him on appeal, and, if so,

the name, address, telephone number, and State Bar number of retained

counsel. (See TEX. R. APP. P. 38.8(b)(4).)

The trial court shall have a court reporter record the hearing. The trial court’s written

findings and recommendations shall be sent to this Court no later than 60 days from the date of

this order.

This appeal is abated, treated as a closed case, and removed from this Court’s active

docket. The appeal will be reinstated on this Court’s active docket when the trial court’s

findings and recommendations are filed in this Court. The court coordinator of the trial court

shall set a hearing date and notify the parties and the Clerk of this Court of the scheduled hearing

date.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

X Acting individually  Acting for the Court

Date: November 8, 2013

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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