NO. 07-05-0108-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 22, 2005
______________________________
BALDEMAR ARMENDARIZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 69TH DISTRICT COURT OF MOORE COUNTY;
NO. 3603; HONORABLE RON ENNS, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, appellant Baldemar Armendariz was convicted by a
jury of delivery of cocaine and punishment was assessed at 27 years confinement and a
$10,000 fine. The clerk’s record and reporter’s record have both been filed. Appellant’s
brief was due to be filed on June 22, 2005, but has yet to be filed. Also, no motion for
extension of time has been filed. By letter dated June 29, 2005, this Court notified
appellant’s appointed attorney, Thomas C. Moore, of the defect and also explained that if
no response was received by July 11, 2005, the appeal would be abated pursuant to Rule
38.8(b) of the Texas Rules of Appellate Procedure.
Therefore, we now abate this appeal and remand the cause to the trial court for
further proceedings pursuant to Rule 38.8(b)(2) and (3). Upon remand, the trial court shall
immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to
determine the following:
1. whether appellant desires to prosecute the appeal;
2. whether appointed counsel for appellant has abandoned the appeal;
and
3. whether appellant has been denied effective assistance of counsel
given his attorney's failure to file a brief.
The trial court shall cause a hearing to be transcribed. Should it be determined that
appellant does want to continue the appeal and is indigent, 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 said counsel
shall be included in the order appointing new counsel. Finally, 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
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supplemental clerk's record. A supplemental record of the hearing shall also be included
in the appellate record. Finally, the trial court shall file the supplemental clerk's record and
the supplemental reporter's record with the Clerk of this Court by Friday, September 2,
2005.
It is so ordered.
Per Curiam
Do not publish.
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