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Click here for the full text of this decision FACTS:The appellant advised his appointed counsel that he desires to represent himself and asked counsel to withdraw. In a June 15 order, this court observed that the appellant has no constitutional right to self-representation on appeal. On further consideration, the court concludes that a criminal appellant does have a statutory right of self-representation on appeal. HOLDING:Appeals abated. The court cannot determine whether to grant the appellant’s motion to represent himself until it has been determined by the trial court that his decision to waive appointed counsel has been made voluntarily and intelligently. The court abates this appeal to the trial court for a hearing to make this determination. OPINION:Per curiam; before Gray, C.J., Vance and Reyna, JJ. DISSENT:Gray, C.J. “Flip flop – On June 15, 2005 we issued a unanimous order directly contrary to what we have done today. . . . There is no reason for this Court to be the only court now holding to the contrary. “If the statutory right was an absolute right, we would not have the concept that the defendant must make a knowing and intelligent waiver of the right to counsel. Our earlier holding in this appeal is an extension of the concept and simply imposes on the court the duty to weigh other factors, specifically including the interest of the defendant, the State, and the administration of justice, when it considers whether the defendant will be allowed to represent himself on appeal. “We have all the information we need in the record before us to consider Sickles’ request. I think we were correct in our holding that upon the record before us, Sickles did not have the right to represent himself on appeal. “The flip-flop remains unexplained. I dissent.”

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