TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-01-00533-CR
Magdaleno Medina, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NO. B-01-0118-S, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING
By separate opinion, we have explained our reasons for abating this appeal and remanding the cause. The district court will conduct a hearing instanter to determine whether Medina's motion for new trial is sufficient to raise the issue of ineffective assistance of counsel. If the district court finds that it is, it shall conduct a hearing to determine whether Medina received effective assistance of counsel at trial. If the district court determines that Medina is entitled to a new trial, we will dismiss the appeal. If the district court finds that Medina's conviction should stand, the clerk and reporter shall promptly prepare supplemental records regarding this hearing and file them with this Court's clerk.
It is ordered on May 9, 2002.
__________________________________________
Jan P. Patterson, Justice
Before Justices Kidd, Patterson and Puryear
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