NUMBER 13-14-00297-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ALEJANDRO BARRIENTES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 107th District Court
of Cameron County, Texas.
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ORDER OF ABATEMENT
Before Justices Rodriguez, Benavides, and Perkes
Order Per Curiam
Appellant, Alejandro Barrientes, has filed a notice of appeal with this Court from
his conviction in trial court cause number 2013-DCR-657-A. The trial court's certification
of the defendant's right to appeal shows that the defendant does not have the right to
appeal. See TEX. R. APP. P. 25.2(a)(2).
On May 27, 2014, we ordered appellant's counsel, Larry Warner, to, within thirty
days, review the record and advise this Court as to whether appellant has a right to
appeal. See TEX. R. APP. P. 44.3, 44.4. No response to this Court's order was received
and this case was abated and remanded to the trial court. The trial court determined
that counsel would be able to respond to this Court’s order within thirty (30) days after
receiving the complete reporter’s record and the clerk’s record. The clerk’s record was
filed on June 20, 2014 and the reporter’s record was filed on September 15, 2014.
Counsel was notified on September 15, 2014 that the reporter’s record was filed and was
directed to respond to the order dated May 27, 2014 within thirty days from the date of
the notice. No response has been received.
Accordingly, we ABATE this appeal and REMAND this cause to the trial court
for a hearing to determine why counsel has failed to comply with this Court's order. The
trial court's findings and conclusions shall be included in a supplemental clerk's record.
The trial court shall file the supplemental clerk's record and reporter's record, if any, with
the Clerk of this Court within thirty days of the date of this order.
If the trial court determines that counsel is unable to represent appellant in this
matter, the trial court shall conduct a hearing to determine whether appellant desires to
prosecute the appeal, whether appellant is indigent, and whether appellant is entitled to
appointed counsel. See Penson v. Ohio, 488 U.S. 75, 83-84 (1988); Stafford v. State,
813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We further direct the trial court to issue
findings of fact and conclusions of law regarding these issues. Should the trial court find
that appellant desires to pursue this appeal, is indigent, and is entitled to appointed
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counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address,
telephone number, and state bar number of said counsel shall be included in the trial
court's findings of fact and conclusions of law.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
4th day of November, 2014.
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