IN THE
TENTH COURT OF APPEALS
No. 10-17-00107-CR
JOHN TREMAINE JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. 39,241
ABATEMENT ORDER
Appellant, John Termaine Jones, filed a motion to dismiss his appointed counsel
on appeal. He asserts that he has had no communication with his attorney and would
like the attorney removed from the appeal. In this motion, appellant does not seek the
appointment of new counsel or to represent himself. See Faretta v. California, 422 U.S. 806,
95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975); Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco
Sept. 7, 2005, ord.).
Nevertheless, because the Court does not have jurisdiction to grant the relief
requested, this appeal is ABATED to the trial court to have a hearing, within 21 days from
the date of this ORDER, to determine whether appointed counsel should be removed for
good cause, see TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West 2009) and whether:
1. appellant seeks to waive his right to counsel and represent himself on
appeal; or
2. appellant seeks the appointment of new/other counsel.
If appellant seeks the appointment of new/other counsel, the trial court must
determine if that motion should be granted or denied. If it is to be granted, new counsel
must be appointed. See id. art. 1.051(d) (West 2005). If the motion is denied, appellant
will be required to proceed on appeal with counsel already appointed. See Stearnes v.
Clinton, 780 S.W.2d 216, 221 (Tex. Crim. App. 1989) (indigent defendant does not have
the right to the appointment of a particular attorney). However, if appellant seeks the
dismissal of existing counsel and seeks to be allowed to represent himself on appeal,
which is his statutory right, see TEX. CODE CRIM. PROC. ANN. art 1.051(f) (West 2005), the
trial court must advise the appellant in accordance with Faretta as applicable to the
appellate process. See Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562
(1975); Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco Sept. 7, 2005, ord.).
Supplemental clerk’s and reporter’s records are ORDERED to be filed within 28
days from the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed January 10, 2018
Jones v. State Page 2