NO. 07-02-0196 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L C JULY 12, 2002

________________________________ ABE L GAR CIA SANCH EZ, Appellant v. THE STATE OF TEXAS,

Appellee

_________________________________ FROM THE64 TH JUDICIAL DIST RICT OF HALE COUNTY; NO. A13486-9908; HON. JACK R. MILLER, PRESIDING

_______________________________ Before QUINN, REAVIS, and JOHNSON, JJ. Abel Garcia Sanchez (appellant) appeals his conviction for burglary of a habitation. Appellate counsel, Kreg Hukill, moved to withdraw ascounsel of re cord for appel lant. He did so on t he g rou ndstha t ap pella nt h ad f il ed a g rievance against him. I n his mot ion, Huk ill averred that he notified his clientof the m otion and his right to object to it. W e received no objec

tion from appe llant and g rante d th e m otio n. A t th is po int, app ellan t is without appellate counsel. Accordingly, we ab ate this appeal and rem and the cause to the 64 th District C ourt of Hale County (trial court) for further proceeding s. Upo n re m and , th e trial cour t sh all2

im m edia tely

cause notice of a hearing to b e given and, thereafter, conduct a hearing to determ ine the following: 1. whether appellant desires to prosecute this appeal; 2. whether appellant is still indigent and entitled to appointed counsel; and 3. whether

appellant desires the appointm ent of counsel or desires toact pro se (af ter receivin g appropr iate adm onishm ent abou t repres enting one ’s self)

. We further direct the trial court to issue findings of f act and conclusions of law addressing the for

egoing sub

jec ts. S hould the tri al co urt find that appellant desires to pursue this appe al, is indigent, wan ts appo inted cou nsel, the n wefurther direct th e court to ap po i nt ne w co un se l to as si st i n t he pr os ec ut i on of th e a pp ea l . T he na me , address , phone num ber, telefax num ber, and state b ar num ber of t he n ew

cou nse l w ho will representappellant on appeal must also be included in the court’ s findings of fact and conclusions of law. Furthermore, the tri al court shal l also ca use to be developed 1) a supplemental clerk’s record containing the findings of fact and conclusions of la w, and 2)
a reporter’s record transcribing the evidence and a rgument presented at the aforem entioned hearing. Additionally, the trial court shall cause the supplemental cl erk’s record to be filed with the clerk of this court on or before August 1 1, 2002. Sh ould additional time be ne eded to performthese tasks, the trial court may request sam e on or before August 11, 2002. We do caution, ho wev er , th at ap pe ll an t i s no t e nt it le d t o co un se l o f h is own choosing. Nor may he utilize the State Bar grieva nce syst em to surreptitiou sly achie ve thatend. We do not suggest that this was h is goal in ini tiati ng a grieva nce against3

attorney Hukill, but

that will be a circum stanceconsider ed in dete rm ining wh ether fu ture counsel will be allowed to withdraw should they too becom e the subj ect of a gr ievance

. Final ly, thetria l cou rt s hall p rov ide acopy of this order to appellant at the aforem entioned hearing. It is so ordered. Per Curiam
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