Milton Lee Gardner v. State ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00041-CR
MILTON LEE GARDNER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 77th District Court
Limestone County, Texas
Trial Court No. 13074-A
ORDER
Milton Lee Gardner was convicted and sentenced on January 31, 2014 for the
offense of aggravated assault/family violence. TEX. PENAL CODE ANN. § 22.02(b)(1)
(West 2011). The record in this appeal has not yet been filed. We have been provided
documentation by Gardner, however, that indicates Gardner was represented by
counsel at trial but that Gardner subsequently filed a pro se notice of appeal. Further,
we have no indication whether trial counsel has withdrawn from representing Gardner
or whether new counsel has been appointed to represent Gardner on appeal.
Accordingly, this case is abated to the trial court to hold a hearing within 28 days
from the date of this order to consider whether Gardner is indigent, whether trial
counsel continues to represent Gardner on appeal, and if not, whether to appoint new
counsel for Gardner. See TEX. CODE CRIM. PROC. ANN. arts. 1.051, 26.04 (West Supp.
2013). Supplemental Clerk’s and Reporter’s Records containing the trial court’s written
or oral findings and rulings are ordered to be filed within 49 days from the date of this
order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed February 27, 2014
Gardner v. State Page 2