In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00333-CR
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MARKESHIA MARSHALL, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the County Court at Law No. 3
Jefferson County, Texas
Trial Cause No. 292155
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ORDER
The clerk’s record and reporter’s records were due to be filed in the Court of
Appeals on August 22, 2013, but have not been filed. The trial court clerk has
notified the court that she has not received payment for the record. Appellant has
filed an affidavit of indigency and requested appointment of counsel, but has not
filed a brief. The Court finds that it is necessary to determine whether the appellant
is indigent and, therefore, entitled to appointed counsel and a free record on appeal.
It is, therefore, ORDERED that the appeal is ABATED and the cause is
REMANDED to the trial court for a hearing to determine whether the appellant
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desires to prosecute her appeal and whether appellant is indigent. The trial court
shall determine whether the appellant has been deprived of a record because of
ineffective assistance of counsel or for any other reason. For this purpose the trial
judge shall conduct such hearings as may be necessary, make appropriate findings
and recommendations, and prepare a record of the proceedings. If the appellant is
indigent, the judge shall take such measures as may be necessary to assure
effective representation of counsel, which may include the appointment of counsel
or ordering all or part of the records to be prepared without charge to the appellant.
The record of the hearing, including any orders and findings of the trial court
judge, shall be sent to the appellate court for filing in the above-referenced appeal.
The transcript of the court reporter’s notes from the hearing and the findings and
recommendations of the trial court judge are to be filed on or before September 30,
2013.
ORDER ENTERED August 29, 2013.
PER CURIAM
Before McKeithen, C.J., Gaultney and Kreger, JJ.
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