COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

LIGHTSEY NATHAN SAUL, JR.

,

Appellant,

v.

THE STATE OF TEXAS

,

State

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' No. 08

- 12

- 00 030

- CR

Appeal from the

83rd District Court

of Pecos County, Texas

(TC# 2849 )

O R D E R

On October 4, 2013

, Jim Darnell filed with this Court a motion to withdraw. Appellant

has also filed a letter stating he wants to represent himself on appeal due to perceived problems

with appellate counsel’s representation

. The notice of appeal was filed on February 27, 2012

and, after several lengthy delays, the reporter’s record was finally filed on June 11, 2013.

Appellant’s brief is on its third extension and is due to be filed no later than October 9, 2013.

Appellant, through his counsel, has requested a fourth extension of time to file the brief.

The Court has determined it will not act on counsel’s motion to withdraw or Appellant’s

request for self

- representation u ntil after the trial court has conducted a hearing to develop

evidence related to both requests

.

We therefore abate the appeal and direct the trial court to conduct a hearing in order to

thoroughly admonish Appellant regarding the dangers and disadvantages of self

- representation

. See Hubbard v. State, 799 S.W.2d341 (Tex.Crim.App. 1987). The court shall determine the

following:

1. whether Appellant’s request to remove appointed counsel and represent himself is an

attempt to obstruct court procedure or interfere with the fair administration of justice;2. whether A ppellant asks to waive appointed counsel and represent himself pro se on

appeal;

3. if Appellant elects to represent himself on appeal, whether Appellant’s decision is

competently and intelligently made;

4. if Appellant elects to proceed on appeal with counsel, whether current counsel can

continue to effectively represent Appellant, or whether it will be necessary to appoint

different counsel; and

5. whether allowing Appellant to represent himself on appeal is in his best interests and

in furtherance of the proper administration of justice.

The trial court is authorized to hear evidence and make findings of fact related to these

issues as well as any other matters the trial court finds may be helpful to a resol ution of counsel’s

motion to withdraw and Appellant’s request to proceed pro se. The trial court shall make written

findings of fact and conclusions of law related to th ese issue s and shall forward its findings to the

District Clerk of Pecos County, Texas , on or before November 6, 2013 . The District Clerk shall

prepare and forward a supplemental clerk = s record containing the findings and forward the same

to this Court on or before November 16, 2013 . Further, the transcription of the hearing shall be

prepared, c ertified and filed with this Court on or before November 16, 2013

. The appeal will be

reinstated after the supplemental clerk’s record and reporter’s record of the hearing are filed.

The Appellant’s motion to extend time for filing Appellant’s brief shall remain pe nding until

after the appeal is reinstated.

IT IS SO ORDERED this 7 th day of October , 20 13

.

PER CURIAM

Before McClure , C.J., Rivera and Rodriguez , JJ.