concurring.
Everything after the first paragraph in the foregoing order is dicta.
OBITUARY
The concept in the common law known as stare decisis, by which it is recognized that a court should follow its prior rulings, unless deciding a case under the narrow circumstances when a court decides to overrule its precedent, died in this district today after a lengthy illness. On June 15, 2005, this Court issued a unanimous order contrary to the extensive discussion regarding pro se representation in its order in this case. Sickles v. State, No. 10-04-00258-CR (Tex.App.-Waco June 15, 2005, order)(not designated for publication) (attached Appendix A). This prior holding was called to the Court’s attention, but it was ignored. Further, in Sickles, id., the issue controlled the disposition of the order and, thus, was based on the merits of the issue. In the majority’s order, we have no reason to believe that Fewins wants to represent herself and we should not engage in this extensive discussion when it is irrelevant to the disposition.
If the extensive discussion had any relevance to the order of abatement, I would have to dissent. But because an abatement to conduct a hearing to determine why no brief has been filed is what needs to happen, I concur.
APPENDIX A
This Appendix is from Sickles v. State, No. 10-04-00258-CR (Tex.App.-Waco June 15, 2005, order)(not designated for publication)
ORDER
Sickles’s counsel has filed in this Court a motion to withdraw as counsel. Counsel attached 1) a letter from Sickles requesting his withdrawal and 2) a copy of a motion for self representation signed by Sickles. Sickles also filed a motion to represent himself on appeal. Both motions are denied.
Sickles does not have a constitutional right to represent himself on appeal. See Martinez v. Court of Appeal of California, Fourth Appellate Dist., 528 U.S. 152, 163-64, 120 S.Ct. 684, 145 L.Ed.2d 597 (2000). At least two courts of appeals have determined that there is no right for an appellant in a criminal case to represent himself on appeal. See Cormier v. State, 85 S.W.3d 496, 498 (Tex.App.-Houston [1st Dist.] 2002, order); see also Crawford v. State, 136 S.W.3d 417, 418 (Tex.App.-Corpus Christi 2004, order). In determining whether to grant Sickles’s request for self-representation, we consider whether the interests of Sickles, the State, and the administration of justice would be best served by Sickles’s self-representation. Id.
*298Counsel represented in correspondence that he has done a considerable amount of work on this appeal, but does not want to jeopardize Sickles’s right to represent himself on appeal. We have reviewed the legal materials filed by Sickles and determine that it is in the best interest of Sickles, the State, and the administration of justice if Sickles continues this appeal represented by counsel.
Accordingly, we deny counsel’s request to withdraw and Sickles’s motion to represent himself. This appeal will proceed with Sickles being represented by counsel. Sickles’s brief is due 25 days from the date of this order.
* “(Justice VANCE concurs with a note. This order does not fully explain how it discounts Court of Criminal Appeals authority, cited by counsel, saying that a defendant has the right to represent himself on appeal. See Webb v. State, 538 S.W.2d 780, 784-85 (Tex.Crim.App.1976) (‘We hold here that the right of an accused to reject the services of counsel and instead represent himself extends beyond trial into the appellate process.... Regardless of the point in the appellate process at which an appellant chooses to assert his right of self-representation, he will be required to comply with all relevant rules of appellate procedure set forth in our Code of Criminal Procedure.”); Hubbard v. State, 739 S.W.2d 341, 345 (Tex.Crim.App.1987) (“[W]e now hold that appellant timely asserted his right of self-representation .... We now remand the appeal to the Court of Appeals and instruct them to direct the trial court to hold a hearing during which the trial court must make the appellant aware of the dangers and disadvantages of self-representation and the trial court must develop evidence as to whether appellant’s apparent decision to relinquish benefits associated with counsel and to proceed pro se is knowingly and intelligently made.”). Cor-mier notes that these two cases were decided by the Court of Criminal Appeals before the Martinez case, decided by the U.S. Supreme Court in 2000, said that the states are clearly within their discretion to conclude that the government’s interests in the fair and efficient administration of justice outweigh the invasion of the appellant’s interest in self-representation. But Martinez has been cited by the Court of Criminal Appeals in a footnote. Scheanette v. State, 144 S.W.3d 503, 510 n. 2 (Tex.Crim.App.2004) (“neither does [Appellant] have a constitutional right to represent himself on direct appeal.”). Crawford says: “Therefore, we review requests for self-representation in appeals from criminal convictions on a case-by-case basis, considering the best interests of the appellant, the State, and the administration of justice.” Applying those factors, I concur in the order.)”