Michael Larkin v. State ( 2007 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00314-CR

Michael Larkin,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court No. FO-06-18232

ABATEMENT ORDER

            Michael Larkin was convicted of attempted aggravated kidnapping and sentenced to 20 years in prison.  He appealed this conviction.  In a letter received by the Court on July 17, 2007, appointed counsel informed the Court that Larkin instructed counsel to withdraw from the appeal.  Counsel is unsure whether Larkin will request new appointed counsel, retain counsel, or seek to represent himself on appeal.

            This appeal is abated to the trial court to hold a hearing within 30 days from the date of this order to consider whether to allow counsel to withdraw, whether to appoint new counsel for Larkin or allow Larkin to retain counsel, or whether Larkin may represent himself on appeal.  If Larkin desires to waive his right to counsel and represent himself on appeal, the waiver should be made knowingly and intelligently and he should be warned of the dangers and disadvantages accompanying such waiver.  Faretta v. California, 422 U.S. 806, 835, 95 S. Ct. 2525, 2541, 45 L. Ed. 2d 562 (1975); Hatten v. State, 71 S.W.3d 332, 333 (Tex. Crim. App. 2002).  A waiver of the right to counsel must be in writing and must substantially comply with article 1.051(g) of the Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art. 1.051(g) (Vernon 2005).            Supplemental Clerk’s and Reporter’s Records are ordered to be filed within 45 days from the date of this order.

                                                                        PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Appeal abated

Opinion delivered and filed July 25, 2007

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