Jesse Garcia v. State ( 2015 )

NUMBER 13-15-00131-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JESSE GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 319th District Court
of Nueces County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
Appellant, Jesse Garcia, has filed a notice of appeal with this Court from his
conviction in trial court cause number 13-CR-2681-G. 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 March 25, 2015, we ordered appellant's counsel, Chris Iles, 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. Appellant’s counsel has indicated that he was
not trial counsel and cannot respond until he reviews the reporter’s record. A reporter’s
record has not been filed.
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 and ensure
steps are taken so that counsel may comply with this Court’s directive. 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
5th day of May, 2015.
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