Noel Gonzalez v. State ( 2014 )

NUMBER 13-13-00327-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
NOEL GONZALEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 103rd District Court
of Cameron County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
Appellant, Noel Gonzalez, filed a notice of appeal with this Court from his
conviction in trial court cause number 2012-DCE-2380-D. The trial court's certification
of the defendant's right to appeal shows that the defendant does not have the right to
appeal. See TEX. R. APP. P. 25.2(a)(2).
On June 28, 2013, we ordered appellant's counsel, Noe Robles, to, within thirty
days, review the record and advise this Court as to whether appellant has a right to
appeal. See TEX. R. APP. P. 44.3, 44.4. No response to this Court's order was received
and the case was abated and remanded to the trial court on September 3, 2013.
Following the abatement, Larry Warner filed an appearance of counsel for appellant, a
response to the abatement order, and a motion for leave to file a supplemental response
once the record is complete, specifically the reporter’s record of the hearing on the motion
for new trial.
On February 14, 2014, the reporter’s record was filed and the cause reinstated.
The Court granted appellant’s motion for extension of time to comply with the June 28,
2013 order by filing a supplemental response by March 24, 2014. No response to the
Court's order of June 28, 2013 has been received. Therefore, we ABATE this appeal
and REMAND this cause to the trial court for a hearing to determine why counsel has
failed to comply with this Court's order. The trial court's findings and conclusions shall
be included in a supplemental clerk's record. The trial court shall file the supplemental
clerk's record and reporter's record, if any, with the Clerk of this Court within thirty days
from the date of this order.
If the trial court determines that counsel is unable to represent appellant in this
matter, the trial court shall conduct a hearing to determine whether appellant desires to
prosecute the appeal, whether appellant is indigent, and whether appellant is entitled to
appointed counsel. See Penson v. Ohio, 488 U.S. 75, 83-84 (1988); Stafford v. State,
813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We further direct the trial court to issue
findings of fact and conclusions of law regarding these issues. Should the trial court find
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that appellant desires to pursue this appeal, is indigent, and is entitled to appointed
counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address,
telephone number, and state bar number of said counsel shall be included in the trial
court's findings of fact and conclusions of law.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
15th day of April, 2014.
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