In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00498-CR
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JOHN COLLIER, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. 19687
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ORDER
On October 4, 2012, John Collier filed a notice of appeal from an order
denying DNA testing signed by the trial court on September 17, 2012. On February
11, 2013, Collier filed a request for appointed counsel with this Court. Matters
concerning the appointment of counsel should be addressed by the trial court in the
first instance. See generally Tex. Code Crim. Proc. Ann. art. 26.04(a) (West Supp.
2012).
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It is, therefore, ORDERED that the case is remanded to the trial court for a
hearing to determine whether the appellant is indigent. If appellant is indigent and
requests that counsel be appointed, the trial court shall determine whether appellant
has a right to appointed counsel to represent the appellant for the appeal unless the
appellant elects to proceed pro se, in which case the trial court shall determine
whether appellant’s decision is knowingly and intelligently made. See Faretta v.
California, 422 U.S. 836, 95 S.Ct. 2525, 45 L.E.2d 562 (1975); East v. State, 48
S.W.3d 412 (Tex. App.—Houston [14th Dist.] 2001, no pet.). The supplemental
clerk’s record containing any orders and findings made by the trial court and a
reporter’s record of any hearings conducted pursuant to this Order shall be filed
with the Court of Appeals by April 8, 2013. The appeal is abated and all appellate
timetables are suspended while the case is in the trial court.
ORDER ENTERED March 7, 2013.
PER CURIAM
Before Gaultney, Kreger, and Horton, JJ.
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