James Lynn Campbell v. State ( 2010 )

                                                            NO. 07-09-0074-CR

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                      PANEL B

                                                            OCTOBER 25, 2010

                                            ______________________________

                                                      JAMES LYNN CAMPBELL,

                                                                                                            Appellant

                                                                             v.

                                                        THE STATE OF TEXAS,

                                                                                                            Appellee

______________________________

                         FROM THE 47th DISTRICT COURT OF POTTER COUNTY;

                                    NO. 57,233-A; HON. HAL MINER, PRESIDING

                                           _______________________________

                                               ON ABATEMENT AND REMAND

                                           _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant appeals from his conviction for possession of a controlled substance.  The clerk’s and reporter’s record have been filed.  Appellant has requested an attorney to represent him on appeal, stating he is indigent.  Two attorneys, Maxwell Peck and Warren Clark, have been appointed by the trial court to represent appellant in this appeal.  However, neither attorney is currently in private practice and therefore, cannot represent appellant.

Accordingly, we abate this appeal and remand the cause to the 47th District Court of Potter County (trial court) for further proceedings. Upon remand, the trial court shall determine, by reasonable evidentiary procedure it selects, the following:

1.  whether appellant desires to prosecute the appeal;

         2.  whether appellant is indigent; and, if so,

3.  whether the appellant is entitled to the appointment of an attorney due to his indigency.

The trial court is also directed to enter such orders necessary to address the aforementioned questions.  So too shall it include its findings on those matters (including the name, address, and phone number of any attorney it may appoint to represent appellant in this appeal) in a supplemental record and cause that record to be filed with this court by November 24, 2010.  Should further time be needed to perform these tasks, then same must be requested before November 24, 2010. 

It is so ordered.

Per Curiam

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