TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 02-103-K277, HONORABLE MICHAEL JERGINS, JUDGE PRESIDING
PER CURIAM
Appellant's appointed counsel on appeal has filed a motion to withdraw as counsel. In the motion, counsel states that he has been sued in federal court by appellant. He also states that appellant has indicated that he wishes to represent himself on appeal.
The motion to withdraw is dismissed. The appeal is abated and the cause is remanded to the district court. Upon remand, that court shall promptly conduct a hearing at which appellant shall be admonished of the disadvantages of self-representation and evidence shall be developed as to whether appellant's decision to relinquish the benefits of counsel is knowingly and voluntarily made. If appellant persists in his request to dismiss counsel, the district court shall allow counsel to withdraw from the cause and make available to appellant a copy of the appellate record. Appellant will have thirty days from the date of the hearing to file a pro se brief with the Clerk of this Court. If appellant wishes to continue to be represented by counsel, the court shall immediately appoint substitute counsel. Counsel's brief will be due thirty days after the date of appointment.
A supplemental record, including a transcription of the court reporter's notes and copies of all orders entered by the district court, shall be filed with the Clerk of this Court by April 11, 2003. The appeal will be returned to the docket of the Court upon receipt of the supplemental record.
The motion for extension of time to file appellant's brief is dismissed.
It is ordered March 6, 2003.
Before Chief Justice Law, Justices B. A. Smith and Puryear
Do Not Publish