Jose Trinidad Perez v. State ( 2019 )

NUMBER 13-18-00100-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE TRINIDAD PEREZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 389th District Court
of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Order Per Curiam
Appellant’s brief was originally due on August 15, 2018. This Court previously
granted appellant five extensions to file the brief. Counsel for appellant filed an Anders 1
brief on March 14, 2019. The Clerk of this Court notified counsel by letter dated March
1 Anders v. California, 386 U.S. 738, 744 (1967).
14, 2019, that appellant’s brief was deficient and that counsel had failed to provide
adequate documentation demonstrating compliance with Kelly v. State, 436 S.W.3d 313
(Tex. Crim. App. 2014). The Clerk directed counsel to file an amended brief and
appropriate documentation within ten days. To date, counsel has failed to file an
amended Anders brief and failed to demonstrate compliance with Kelly.
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 38.8(b)(2), (3). Upon remand, the trial court shall utilize
whatever means necessary to make appropriate findings and recommendations
concerning the following: (1) whether appellant desires to prosecute this appeal; (2) why
appellant’s counsel has failed to file a brief and whether counsel has effectively
abandoned the appeal; (3) whether appellant has been denied effective assistance of
counsel; (4) whether appellant’s counsel should be removed; and (5) whether appellant
is indigent and entitled to court-appointed counsel.
If the trial court determines that appellant does want to continue the appeal, that
present counsel should be removed, and that appellant is indigent and entitled to
court-appointed counsel, the trial court shall appoint new counsel to represent appellant
in this appeal. If new counsel is appointed, the name, address, telephone number, email
address, and state bar number of said counsel shall be included in an order appointing
counsel.
The trial court shall cause its findings and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be included in a supplemental
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clerk’s record. Furthermore, the trial court shall cause a supplemental reporter’s record
of any proceedings to be prepared. The supplemental clerk’s record and supplemental
reporter’s record, if any, shall be filed with the Clerk of this Court on or before the
expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
1st day of April, 2019.
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