                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-12-00498-CR
                           ____________________

                          JOHN COLLIER, Appellant

                                        V.

                      THE STATE OF TEXAS, Appellee
_______________________________________________________           ______________

                   On Appeal from the 258th District Court
                            Polk County, Texas
                          Trial Cause No. 19687
________________________________________________________           _____________

                                     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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