Ezra Wallace Johnson v. State ( 2016 )

NUMBER 13-16-00563-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
EZRA WALLACE JOHNSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 3
of Cameron County, Texas.
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ORDER OF ABATEMENT
Before Justices Garza, Perkes, and Longoria
Order Per Curiam
Appellant, Ezra Wallace Johnson, has filed a notice of appeal with this Court from
his conviction in trial court cause number 16-CCR-00266-C. 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 October 18, 2016, we ordered appellant's counsel, Alfredo Padilla, 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 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 of 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
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, email address, 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Do not publish.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 December, 2016.
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