IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
OCTOBER 14, 2002
______________________________
ERIC DARNELL BOULDWIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 230TH DISTRICT COURT OF HARRIS COUNTY;
NO. 873010; HONORABLE JOAN CAMPBELL, JUDGE
_______________________________
Before REAVIS and JOHNSON, JJ., and BOYD, SJ.
ON ABATEMENT AND REMAND
On April 19, 2001, upon his plea of guilty, appellant Eric Darnell Bouldwin was adjudged guilty of the offense of possession of a controlled substance weighing more than four grams but less than 200 grams. In accordance with a plea bargain, he was placed on probation (community supervision) for a period of three years. On February 19, 2002, after hearing, appellant's probation was revoked and he was ordered to serve a three-year sentence in the Institutional Division of the Department of Criminal Justice and, in addition thereto, he was ordered to pay a fine of $500. On that same day, appellant filed a pro se notice of appeal.
On April 22, 2002, we received the clerk's record in the case. However, we have never received a reporter's record, nor have we received a motion for extension of time to file that record. On June 5, 2002, we notified appellant that we had not received an appellant's brief in this matter, which was due on May 22, 2002. After receiving the letter, appellant requested an extension of time which was granted until August 12, 2002. However, as of this date, we have not received a brief, nor a motion for extension of time to file the brief. We have also previously advised appellant that if no satisfactory responses were received, it would be necessary to abate the appeal to the trial court pursuant to Tex. R. App. P. 38.8. We have received no response to that notification.
This state of events necessitates a hearing to avoid further delay and preserve the parties' rights. See Tex. R. App. 38.8(b). Accordingly, we abate this appeal and remand to the 230th District Court of Harris County for hearing. Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine:
1. Whether appellant has abandoned his appeal, and if not, whether appellant is indigent and if the appointment of an attorney is necessary. If an attorney is appointed, the name, address, and State Bar of Texas identification number of the attorney appointed should be provided to this court.
2. If appellant is not indigent and has failed to make arrangements to prosecute his appeal, what orders are necessary to ensure those arrangements are made.
3. Whether any other orders are steps are needed to ensure the diligent and proper pursuit of appellant's appeal.
In support of its determination, the trial court will prepare and file written findings of fact and conclusions of law and cause them to be included in a supplemental clerk's record. The hearing proceedings shall be transcribed and included in a supplemental reporter's record. Those supplemental records shall be submitted to the clerk of this court not later than November 14, 2002.
It is so ordered.
Per Curiam
Do not publish.
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NO. 07-11-0267-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
AUGUST 4, 2011
______________________________
ROSHELLE RENE HOUSER a/k/a
ROSHELL RENEA JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_______________________________
FROM THE 264th DISTRICT COURT OF BELL COUNTY;
NO. 66,191; HON. MARTHA J. TRUDO, PRESIDING
_______________________________
ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Roshelle Rene Houser a/k/a Roshell Renea Jones, appellant, appeals her conviction for forgery by passing. Appellant timely perfected her appeal. The clerks record was filed on June 14, 2011, and no reporters record was taken. Appellants brief was due on July 14, 2011. The brief was not filed by that date and on July 22, 2011, the court notified counsel that he had until August 1, 2011, to either file appellants brief or file an extension motion. To date, neither a brief nor an extension motion have been received by the court.
Those convicted of criminal acts are entitled to effective assistance of counsel on appeal. The failure of counsel to timely prosecute an appeal falls short of rendering such assistance. Consequently, we abate the appeal and remand the cause to the 46th District Court of Bell County (trial court) for further proceedings. Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine 1) whether appellant desires to prosecute this appeal, 2) whether appellant is indigent and entitled to appointed counsel, and 3) whether appellants current attorney was appointed or retained. The trial court is ordered to execute pertinent findings of fact on these matters. Should it be found that appellant desires to pursue the appeal, is indigent, and her current legal counsel was appointed, then the trial court is ordered to remove appellants current legal counsel and appoint another to zealously represent appellants interest on appeal. The name, address, phone number, telefax number, and state bar number of the new attorney must also be included in the court's findings of fact and conclusions of law. Lastly, the trial court shall also cause to be developed 1) a supplemental clerk's record containing the findings of fact and conclusions of law and 2) a reporter's record transcribing the evidence and argument presented at the aforementioned hearing. The foregoing supplemental clerk's and reporters records must be filed by the trial court with the clerk of this court on or before September 2, 2011. Should additional time be needed to perform these tasks, the trial court may request same on or before September 2, 2011.
It is so ordered.
Per Curiam
Do not publish.