Edwin Rolando Mejia-Garcia v. State ( 2015 )

FILE COPY CAUSE NO. 12-15-00253-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS EDWIN ROLANDO MEJIA-GARCIA, } APPEALED FROM 2ND DISTRICT APPELLANT V. } COURT IN AND FOR THE STATE OF TEXAS, } CHEROKEE COUNTY, TEXAS APPELLEE ORDER Appellant is represented by Mr. Allen Ross, appointed counsel. On October 9, 2015, this Court notified Appellant’s counsel that a Docketing Statement was to be filed and gave him until October 19, 2015, to file it. TEX. R. APP. P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant’s counsel was again notified on October 26, 2015, that the Docketing Statement was past due and was given until November 5, 2015, to file a Docketing Statement. As of the date of this Order, no satisfactory response has been received. Pursuant to TEX. R. APP. P. 32.2 it is ORDERED that the Honorable Bascom W. Bentley III, Judge of the 2nd District Court of Cherokee County, shall immediately conduct a hearing to determine the cause of counsel’s failure to file the Docketing Statement and whether the Appellant has abandoned the appeal. It is FURTHER ORDERED that the trial court determine whether: (1) Appellant is indigent and entitled to the appointment of counsel on appeal; (2) Appellant has sufficient funds to retain counsel; or (3) Appellant desires to represent himself on appeal. It is ADDITIONALLY ORDERED that once findings are made as to the above issues, the trial court shall appoint counsel, give Appellant an appropriate deadline for retaining counsel, or administer the appropriate warnings concerning the dangers of self-representation, in FILE COPY accordance with its findings and the court shall also take necessary action to insure the prompt filing of the Docketing Statement with this Court. It is FINALLY ORDERED that a supplemental record containing the court’s findings of fact and conclusions of law and any appropriate order(s) attendant thereto be certified to this Court on or before December 14, 2015. WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th Court of Appeals District of Texas, at Tyler. GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 13th day of November 2015, A.D. PAM ESTES, CLERK 12TH COURT OF APPEALS By: ________________________________ Katrina McClenny, Chief Deputy Clerk