COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
No. 02-20-00034-CR
No. 02-20-00035-CR
MICHAEL RAY KERR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 43rd District Court
Parker County, Texas
Trial Court Nos. CR19-0626, CR19-0627
ORDER GRANTING MOTION TO WITHDRAW
AND FOR A HEARING IN THE TRIAL COURT
We issued our memorandum opinion and judgment affirming appellant Michael
Ray Kerr’s conviction on August 26, 2021, and our mandate is due to issue October 20,
2021. On October 13, 2021, Kerr’s court-appointed appellate counsel, Tommy C. Wise,
filed a “Motion For Leave To Withdraw.” We GRANT the motion. We also ORDER
the trial court to conduct a hearing with Kerr, an attorney for the State, and the court
reporter present. These persons may participate remotely, such as by telephone,
videoconference, or other appropriate and reasonable means, unless the trial court
determines that it is necessary to have the participants appear in person. At the hearing,
the trial court shall:
1. Determine whether appellate counsel should be appointed to represent
Kerr and appoint counsel, if necessary; 1
2. Admonish Kerr in accordance with Faretta v. California, 422 U.S. 806, 835,
95 S. Ct. 2525, 2541 (1975), and Hubbard v. State, 739 S.W.2d 341, 345 (Tex.
Crim. App. 1987), if he desires to proceed pro se;
3. Determine whether appellant’s decision to proceed pro se is competently
and intelligently made; and
4. Take any measures that the trial court deems necessary to insure Kerr does
not forfeit his further right to appeal, including informing Kerr and any
appointed counsel of any applicable deadlines.
The trial court shall file a supplemental record, showing the actions taken in
response to this order, in this court no later than Friday, October 22, 2021. The clerk
of this court shall send a notice of this order to Kerr, the State’s attorney of record,
Kerr’s former appellate counsel, the trial court judge, the trial court clerk, and the court
reporter.
1
If counsel is appointed to represent Kerr, the supplemental record shall reflect that
counsel has been notified of the appointment. The trial court shall retain Kerr in the county for
a reasonable period of time to allow counsel an opportunity to confer with Kerr.
DATED October 15, 2021.
PER CURIAM