FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
JUNE 1, 2004
______________________________In re: RODNEY WARREN, RWW ENTERPRISES, INC.,
SPSM, LTD., RAY VALDEZ, STEVE GONZALEZ, JEFF JAKSTAS,
ASHLEY BRUSENHAN, DARRELL BILLINGTON,
COREY STOVALL and CHRIS GUZMAN
Relators
_________________________________Original Proceeding _______________________________
Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
Rodney Warren, RWW Enterprises, Inc., SPSM, Ltd., Ray Valdez, Steve Gonzalez, Jeff Jakstas, Ashley Brusenhan, Darrell Billington, Corey Stovall, and Chris Guzman (collectively referred to as Warren) petition the court for a writ of mandamus to compel the Hon. Andrew J. Kupper, 99th Judicial District Court, Lubbock County, to abate various causes filed in that court pending the final disposition of various causes filed in the 121st Judicial District Court, Terry County. We deny the petition for the reasons set out in our opinion and judgment entered this day in cause No. 07-04-0094-CV.
Accordingly, the petition for writ of mandamus is denied.
Brian Quinn
Justice
me to file the brief had not been filed. No response to the clerk's letter has been received.
The trial court has the responsibility for appointing counsel to represent indigent defendants, as well as the authority to relieve or replace counsel. Tex. Code Crim. Proc. Ann. arts. 1.051(d), 26.04(c) (Vernon 2005 & Supp. 2004). See also Enriquez v. State, 999 S.W.2d 906, 907 (Tex.App.-Waco 1999, no pet.). Accordingly, we now abate this appeal and remand the cause to the trial court for further proceedings. Tex. R. App. P. 43.6.
Upon remand the trial court shall immediately conduct such hearings as may be necessary to determine the following, causing proper notice of any such hearing to be given:
1. whether appellant still desires to prosecute this appeal and is indigent and entitled to appointed counsel.
Should it be determined that appellant desires to continue the appeal, then the trial court shall also take such measures as may be necessary to assure appellant effective assistance of counsel, which measures may include the appointment of new counsel. If new counsel is appointed, the name, address, telephone number, and state bar number of counsel shall be included in the order appointing new counsel.
The trial court shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforementioned issues and cause its findings and conclusions to be included in a supplemental clerk's record. A supplemental reporter's record of any hearing shall also be included in the appellate record. The trial court shall file the supplemental clerk's record and the supplemental reporter's record with the Clerk of this Court by October 28, 2005. Finally, if new counsel is appointed, appellant's brief will be due within 30 days after the deadline for filing of the supplemental clerk's record and the supplemental reporter's record and the State's brief will be due within 30 days thereafter. Tex. R. App. P. 38.6(a) & (b).
It is so ordered.
Per Curiam
Do not publish.