Logan Trey Field v. State

COURT OF APPEALS
SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE,
CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF THE
KAREN ANGELINI 300 DOLOROSA, SUITE 3200 COURT
MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037
REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX
PATRICIA O. ALVAREZ TELEPHONE
LUZ ELENA D. CHAPA (210) 335-2635
IRENE RIOS
JUSTICES FACSIMILE NO.
(210) 335-2762
December 14, 2017
Nancy B. Barohn Lucy Wilke
405 South Presa Street District Attorney - 216th Judicial
San Antonio, TX 78205 District
* DELIVERED VIA E-MAIL * 200 Earl Garrett Street, Suite 202
Kerrville, TX 78028
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 04-17-00400-CR, 04-17-00401-CR,
04-17-00402-CR & 04-17-00403-CR
Trial Court Case Number: 5810, 5811, 5812 & 5813
Style: Logan Trey Field
v.
The State of Texas
Enclosed please find the order which the Honorable Court of Appeals has
issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
_____________________________
Jamie Osio
Deputy Clerk, Ext. 53262
cc: Jan Davis (DELIVERED VIA E-MAIL)
Angel Tomasino (DELIVERED VIA E-MAIL)
Honorable N. Keith Williams (DELIVERED VIA E-MAIL)
Dandy Middleton (DELIVERED VIA E-MAIL)
Fourth Court of Appeals
San Antonio, Texas
December 14, 2017
No. 04-17-00400-CR, 04-17-00401-CR, 04-17-00402-CR & 04-17-00403-CR
Logan Trey FIELD,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 5810, 5811, 5812 & 5813
Honorable N. Keith Williams, Judge Presiding
ORDER
Appellant’s appointed counsel has filed a motion to withdraw as appellate counsel. The
motion is GRANTED. See TEX. R. APP. P. 6.5.
The trial court must determine whether appellant is indigent, and if so, appellate counsel
must be appointed. It is therefore ORDERED that this appeal is ABATED to the trial court. See
Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may
abate appeals so that trial court can assure appellant has effective assistance of counsel). The
trial court is ORDERED to determine whether appellant is indigent. If appellant is indigent, the
trial court is ORDERED to appoint new appellate counsel. The trial court is FURTHER
ORDERED to cause the trial court clerk to file a supplemental clerk’s record containing
documentation that either (a) appellant is not indigent or (b) the appointment of appellate counsel
within 30 days from the date this order is signed. After the supplemental clerk’s record is filed,
the appeal will be reinstated on the docket of this court. All appellate deadlines are suspended
pending further order of this Court.
_________________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 14th day of December, 2017.
___________________________________
Keith E. Hottle
Clerk of Court
MINUTES
Court of Appeals
Fourth Court of Appeals District
San Antonio, Texas
December 14, 2017
No. 04-17-00400-CR, 04-17-00401-CR, 04-17-00402-CR & 04-17-00403-CR
Logan Trey FIELD,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 5810, 5811, 5812 & 5813
Honorable N. Keith Williams, Judge Presiding
ORDER
Appellant’s appointed counsel has filed a motion to withdraw as appellate counsel. The
motion is GRANTED. See TEX. R. APP. P. 6.5.
The trial court must determine whether appellant is indigent, and if so, appellate counsel
must be appointed. It is therefore ORDERED that this appeal is ABATED to the trial court. See
Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may
abate appeals so that trial court can assure appellant has effective assistance of counsel). The
trial court is ORDERED to determine whether appellant is indigent. If appellant is indigent, the
trial court is ORDERED to appoint new appellate counsel. The trial court is FURTHER
ORDERED to cause the trial court clerk to file a supplemental clerk’s record containing
documentation that either (a) appellant is not indigent or (b) the appointment of appellate counsel
within 30 days from the date this order is signed. After the supplemental clerk’s record is filed,
the appeal will be reinstated on the docket of this court. All appellate deadlines are suspended
pending further order of this Court.
/s/Rebeca C. Martinez
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 14th day of December, 2017.
/s/Keith E. Hottle
Keith E. Hottle
Clerk of Court
Entered this 14th day of December 2017