NO. 07-06-0404-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MARCH 8, 2007
______________________________
DANIEL DOMINIQUE JAQUEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 53,032-D; HONORABLE DON EMERSON, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, Daniel Dominique Jaquez, was convicted
by a jury of burglary of a habitation. Punishment was assessed at sixty years confinement.
The clerk’s record and reporter’s record have both been filed. Initially, Appellant’s brief
was due on December 6, 2006. Following a notice dated December 20, 2006, from the
Clerk of this Court, advising Appellant’s counsel, Joe Marr Wilson, that Appellant’s brief
had not been filed, counsel requested, and was granted, an extension of time in which to
file the brief to January 31, 2007. The brief was not filed and a second notice from the
Clerk of this Court dated February 9, 2007, notified counsel that unless the brief was filed
by February 20, 2007, this appeal would be abated and the cause remanded to the trial
court for further proceedings. Counsel has not responded to that notice nor has the brief
been filed.
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) of the Texas Rules of Appellate
Procedure. Upon remand, the trial court shall utilize whatever means necessary to make
appropriate findings and recommendations concerning the following:
1. whether Appellant desires to prosecute this appeal;
2. why Appellant’s counsel, Joe Marr Wilson, has failed to file a brief;
3. whether Appellant has been denied effective assistance of counsel;
4. whether Appellant’s counsel, Joe Marr Wilson, should be removed; and
5. whether Appellant is indigent and entitled to court-appointed counsel.
Should the trial court determine that Appellant does want to continue the appeal,
that present counsel should be removed, and that Appellant is indigent and entitled to
court-appointed counsel, the trial court shall appoint new counsel to represent Appellant
in this appeal. If new counsel is appointed, the name, address, telephone number, and
state bar number of said counsel shall be included in an order appointing counsel.
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The trial court shall cause its finding and recommendations, together with any orders
it may enter regarding the aforementioned issues, to be included in a supplemental clerk's
record. Furthermore, the trial court shall cause a supplemental reporter’s record of any
proceedings to be prepared. The supplemental clerk’s record and supplemental reporter’s
record, if any, shall be filed with the Clerk of this Court on or before Monday, April 16,
2007.
It is so ordered.
Per Curiam
Do not publish.
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