NO. 07-03-0110 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L B JULY 24, 2003

______________________________ RENE DANIEL SANDOVAL, APPE LLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 287 TH DISTRICT COURT OF BAILEY COUNTY; NO. 2112; HON ORABLEGORDON H . GREEN , JUDGE

_______________________________ Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
ON ABATEME NT AND REMAND Ap pel lant Rene Daniel Sandoval appeals from a conviction in the 287 th District Court of Bailey Coun ty, Texas (the trial court). The tri al court cl erk’ s reco rd and court reporter’s record have been f iled with the appellate clerk. Appellant has filed motion s and cor res pon den ce s eek ing ( 1) d ism iss al of his appointed appellate counsel, (2) appointment of alter nate appellate counsel or leave to2

appear on appeal pro se , and (3) perm ission to file a pro se brief and to am end the brief. In the m otion to dismiss current appellate counsel, appellant all eges m attersthat evidence a possible conflict between appellant and his attorney. Although appellant does not have a right to file pro se docu men ts while being represented by counsel, see Landers v. State , 550 S.W.2d 272, 279-80 (Tex.Crim .App. 1977), we deem certain al legati ons in appel lant’s mo tions and correspondence towarrant consideration bef

ore his appeal pr oceeds. According ly, pursuant to T EX . R. A PP . P. 2 , t his appeal is abated and the cause is rem anded to the trial court. Upon rem and, the j udge of the trial court i s directed to c ause notice to be given of and to conduct a hearing to deter mine whether pres ent appointed counsel should be dism issed as previous l y requested by appell ant; if prese nt counsel sho uld be di smisse d, whether new counsel should be appointed to represent appellant, or, if appellant desires to proceed pro se on the appeal, whether app ellant h as m adea k now ing a nd volun tar y de cis ion to waivehis right to coun sel a nd to re pre sen t him self on a ppeal. If the trial court determ ines that appellant has m ade a kn owing , volunta ry decision to waive his ri ght to c ounsel and to representhim self

on a ppe al, then the trial court should discharge appellate counsel from anyfurther obligations to appellant. If the t rial court d etermines th at appellant has not madea knowing, vo luntary de cision to re present him self on ap peal, then the trial co urt sho uld enter

orders and m ake recom menda tions appropriate to continued prosecution of appell ant’s appeal based on the evidence presented at the hearing, and on its findings and conclusions therefrom

.3

The trial court

is directed to: (1)con duc t an y ne ces sar

y he arin gs; (2)m akeand file appropriate findings of fact, conclusions of law and recomm endation s, and cause them to be included in a supplemental clerk’s record; (3) ente r any orders appropriate, based on its findings and conclusions; (4) cause the hearing proceedings to be t ranscribed and included in a r epor ter’s record; and (5) have a record of the proceedings m ade to the extent any

of the proceedings are not included in the supplemental clerk’s record or t he reporter’s record. In the absence of a request for ex

tension of time f

rom the trial court, the supplemental cle rk’s record, rep orter’s record , and any addi tional proceedi ng records, including any orders, fi ndings, concl usions and r ecomm endation s, are to be sent so as to be received by the clerk of this court no t later than August 22, 2003.
The appellate clerk is directed to imm ediately furnish copies of the docum ents pre viou sly

filed by appellant acting pro se to the trial court, the State ’s attorney f or the 287 th District Court and to current appellate counsel for appellant.

Per Curiam Do not publish.