IN THE
TENTH COURT OF APPEALS
No. 10-08-00080-CR
James Douglas Harris,
Appellant
v.
The State of Texas,
Appellee
From the 77th District Court
Limestone County, Texas
Trial Court No. 10960-A
order of abatement
Appellant James Douglas Harris was convicted of the felony offense of aggravated perjury, with a 34-year sentence imposed in open court on August 15, 2006. We dismissed his original appeal from that judgment of conviction for want of jurisdiction because his notice of appeal was untimely. Harris v. State, No. 10-06-00384-CR (Tex. App.—Waco Nov. 14, 2007, no pet.) (not designated for publication). In Harris’s original appeal, his court-appointed attorney, Mr. Stan Schwieger, filed a motion to withdraw and an Anders brief that only asserted that the notice of appeal was untimely and that we thus lacked jurisdiction.
In an unpublished opinion, the Court of Criminal Appeals found that Harris was entitled to file an out-of-time appeal “so that he may then, with the aid of counsel, obtain a meaningful appeal.” Ex parte Harris, No. AP-75,843 (Tex. Crim. App. Feb. 13, 2008) (not designated for publication).
On February 25, 2008, Harris filed a timely pro se notice of appeal.
The Court abates this cause to the trial court with instructions to hold a hearing to determine: (1) whether Harris desires to represent himself; and (2) whether Harris is indigent and is entitled to the appointment of counsel. See Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco 2005, order).
The trial court shall conduct the hearing within thirty days after the date of this order. The trial court clerk and court reporter shall file supplemental records within forty-five days after the date of this order. See Fewins, 170 S.W.3d at 296-97.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Cause abated
Order issued and filed March 19, 2008
Do not publish