Justin Jones v. State

NUMBERS 13-19-00134-CR AND 13-19-00135-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JUSTIN JONES, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
____________________________________________________________
On Appeal from the 214th District Court
of Nueces County, Texas.
____________________________________________________________
ORDER OF ABATEMENT
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
Appellant, Justin Jones, has filed a notice of appeal with this Court from his
conviction in trial court cause number 18FC-4767F and 18FC-2391F. The trial court's
certifications of the defendant's right to appeal show that the defendant does not have the
right to appeal. See TEX. R. APP. P. 25.2(a)(2).
On April 4, 2019, 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. No response to the Court's orders have been received.
Therefore, we abate these appeals and remand these causes to the trial court for a
hearing to determine why counsel has failed to comply with this Court's orders. 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 these
matters, the trial court shall conduct a hearing to determine whether appellant desires to
prosecute these appeals, 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 these appeals, is indigent, and is entitled to appointed
counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address,
email address, telephone number, 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Do not publish.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 this the
16th day of May, 2019.
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