Order entered November 2 , 2020

In The 

### Court of Appeals **Fifth District of Texas at Dallas**
No. 05

- 20

- 00505

- CR JOSE RAUL REYNA, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal D istrict Court No. 3 Dallas County, Texas Trial Court Cause No. F15

- 18250

- J
O RDER Appellant filed his notice of appeal on April 24, 2020. The clerk ’ s and reporter ’ s records have been filed , and we have granted one extension of time on filing appellant ’ s b rief . On October 9, 2020, appellant notified the Court he had

“ relieved Ms. Woods of her duty to represent ” him . A lthough appellant had previously been found indigent , he stated he would be retai ning an appellate

atto rney , and until he did, he would repr es ent himself. By letter dated October 13, 2020, we informed appellant hi s app ointed counsel would contin ue to representhim until such time as he hire d retained counsel and that counsel filed a motion to
substitute

. On October 16, 2020, appoint ed counse l Julie Woods filed a motion to
withdraw. We GRANT counsel ’ s motion to withd raw. We DIRECT the Clerk to
remove Julie Woods as co unsel for appellant.
W e ORDER the trial court to conduct a hearing and to make findings of fact regarding the following:

• The tri al court shall first determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that ef fect.

• If the trial court determines that appellant w is hes to prosecute the appeal, it shall then find whether , despite his indigen t status , appellant will retain counsel to represent h im in the appeal and, if so, the name, State Bar number, and contact information for retained counsel. If appellant does no t inten d to retain counsel to represent h im , the trial court shall determine whether appellant desires new court

- ap pointed counsel o r whether he intends to represent h im self.

• If appellant desires new court

- appointed couns el, the t rial court shall appoint an atto rney to represent appellant in this appeal and shall notify this Court o f the appointment.

• If appellant decides that he does not wish to be r epresented by counsel and intends to proceed pro se, the trial court shall advise appellant of the dangers and dis advantages of self

- representation. See Hubbard v. State , 739 S.W.2d 341, 345 (Tex. Crim. App. 1987) (trial court should determine whether an appellant is making a competent and intelligent choice in choosing to proceed pro se). The trial court sha ll furt her advise appellant that he does not have the right to hybrid representation and that any brief filed by counsel will be stricken.• If the t rial court determines appellant’s waiver of counsel is knowing and voluntary, it shall provide appellant wit h a sta tement in substantially the same form as provided in article 1.051(g) of the Texas Code of Criminal Procedure and ensure that appellant under stands and signs the form

. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 1.051(g).
We ORDER the trial court to tran smit a record, containing the written findings of fact, any supporting documentation, any orders or appointments , and if applicable, a signed written waiver in substantially the same form as provided by article 1.051(g) , to this Court within THIRTY DAYS of the da te of this order.
W e DIRECT the Clerk to send copies of this order to th e Honorable Gracie Lewis, Presiding Judg e, Criminal District Court No. 3 ; to Julie Woods; and to the Dallas County District At to rn ey ’ s Office, Appellate Division

. We also DIRECT
the Cl erk to send a copy of this order by United States mail to Jose Raul Reyna , TDCJ# 02314587, Garza West Unit, 4250 Highway 202, Beeville, TX 78102

- 8982.
We ABATE the appeal to allow the trial court to comply with the order. The appeal will be reinsta ted thi rty days from the date of this order or when the findings are received, whichever is earli er

.

/ s/ ROBERT D. BURNS, III CHIEF JUSTICE