In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-13-00075-CR 

PEDRO CRUZ, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 137th District Court 

Lubbock County, Texas 

Trial Court No. 2012434832; Honorable John J. "Trey" McClendon, Presiding 

 

November 14, 2013 

 

ON ABATEMENT AND REMAND 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

Appellant Pedro Cruz entered an open plea to driving while intoxicated, third or 

more, and the trial court sentenced him to six years’ confinement in prison. Appellant’s 

retained counsel filed a notice of appeal on March 15, 2013, but on June 24 moved to 

withdraw from the representation. We granted the motion on July 18. Another attorney 

has not appeared for appellant. 

By letter of August 26, we notified appellant that his brief was past due. The 

deadline was extended until September 5. In a motion mailed on September 4,
2

appellant requested an extension of thirty days to file his brief, which, appellant said, he 

intends to file “with or without counsel.” By letter of September 11, we granted his 

request for additional time and made his brief due October 4. Appellant did not file a 

brief. Appellant was again notified by letter that his brief was past due. The letter 

extended the deadline for filing appellant’s brief and motion for additional time until 

October 24. Appellant has made no response.

We abate the appeal and remand the cause to the trial court for further 

proceedings. On remand, the trial court shall use whatever means it finds necessary, 

which may include noticing and conducting a hearing, to determine the following:

1. whether appellant desires to prosecute this appeal;

2. whether appellant is indigent and entitled to appointed counsel on 

appeal;

3. whether appellant desires to represent himself on appeal in this case;

4. if appellant wishes to represent himself, whether appellant’s decision to 

do so is competently and intelligently made, including whether 

appellant is aware of the dangers and disadvantages of selfrepresentation on appeal, see Hubbard v. State, 739 S.W.2d 341, 345 

(Tex. Crim. App. 1987);

5. if appellant wishes to represent himself, whether allowing him to do so 

is in his best interest, the State’s best interests, and is in furtherance of 

the proper administration of justice; and

6. if appellant is not indigent, and does not desire to represent himself on 

appeal, why counsel has not been retained; and

7. should the trial court find appellant desires to prosecute this appeal, 

any additional matters it deems reasonable and necessary to ensuring 

appellant is adequately represented on appeal and promptly files his 

brief.
3

If the trial court determines appellant desires to prosecute the appeal, and if it 

determines that appellant is indigent and entitled to appointed counsel, and if it 

determines that appellant does not desire to represent himself on appeal or determines 

that his doing so is not in the best interests of appellant, the State and the 

administration of justice, then the trial court shall appoint counsel for appellant. If the 

trial court appoints appellate counsel, it shall cause the name, address, telephone 

number, fax number, and state bar number of the appointed attorney to be provided to 

this court. The trial court shall issue findings and recommendations expressing its 

determinations on the issues listed above.

If the trial court recommends that this court permit appellant to represent himself 

on appeal, we will review that recommendation and issue further orders on 

reinstatement of the appeal.

The trial court shall also cause to be developed 1) a supplemental clerk’s record 

containing the findings, recommendations and any orders the court signs, and 2) a 

supplemental reporter’s record transcribing the evidence and argument presented at 

any hearing held. The supplemental clerk’s record and reporter’s record, if any, shall be 

filed by the trial court with the clerk of this court on or before December 13, 2013, unless 

additional time is requested.

It is so ordered.

Per Curiam

Do not publish.