NUMBER 13-14-00157-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
RANDALL BOLIVAR, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 107th District Court
of Cameron County, Texas.
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ORDER
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
On May 27, 2015, appellant filed a pro se “Notice of Objection to Dismissed
Counsel’s Uncontested Brief and Formal Withdrawal of Dismissed Counsel’s
Uncontested Brief,” which this Court construes as a motion to strike the appellate brief
filed on December 10, 2014 by appellant’s former counsel, the Honorable Edmund K.
Cyganiewicz. On the same day, appellant also filed a pro se “Notice of Court Orders
Pertaining to Due Date of Appellate Brief Filing, which this Court construes as a motion
to supplement the record provided to appellant. Both motions are currently pending
before this Court.
Appellant’s court-appointed counsel filed a brief on December 10, 2014. On
March 11, 2015, pursuant to a motion filed by appellant to proceed pro se, this Court
abated appellant’s appeal and ordered the trial court to conduct a hearing to determine if
appellant desired to proceed pro se. We further ordered the trial court to make appellant
aware of the dangers and disadvantages of self-representation and to develop evidence
as to whether appellant’s apparent decision to relinquish the obvious benefits associated
with having appointed appellate counsel and to proceed pro se is knowingly and
intelligently made. Finally, we ordered the trial court to make appropriate findings and
recommendations and forward a transcription of the hearing to this Court.
On March 18, 2015, the trial court conducted a hearing pursuant to this Court’s
orders and recommended that appellant be allowed to proceed pro se. Subsequent to
the hearing, the trial court filed a supplemental clerk’s record and supplemental reporter’s
record related to the March 18 hearing.
On May 27, 2015, appellant filed a motion to strike the appellate brief on file in this
case because it was filed “without [appellant’s] consent” and appellant requests that this
Court not consider it for purposes of his appeal. The Court, having considered
appellant’s pro se motion to strike, is of the opinion that this motion should be GRANTED.
We hereby strike appellant’s brief filed on December 10, 2014 and will no longer consider
this brief on appeal. Accordingly, appellant shall file his pro se brief with the Clerk of this
Court within thirty days of receiving this order. Any future requests for extensions of time
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to file his brief will be looked upon with disfavor and will only be granted under extreme
circumstances. The State shall file its response brief within 30 days of appellant filing
his pro se brief with the Clerk of this Court.
Furthermore, the Court, having considered appellant’s pro se motion to provide the
supplemental records filed in this case related to the March 18, 2015 hearing, is of the
opinion that this motion should be GRANTED. We hereby order the Clerk of this Court
to send appellant, contemporaneous with this order, copies of (1) the supplemental
reporter’s record filed on March 20, 2015 in this Court related to the March 18, 2015
hearing; and (2) the supplemental clerk’s record filed on April 21, 2015 in this Court
related to the March 18, 2015 hearing via U.S. Certified Mail, return receipt requested.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
5th day of June, 2015.
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