NUMBER 13-13-00130-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
DAVID WOOD, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 319th District Court
of Nueces County, Texas.
____________________________________________________________
ORDER ABATING APPEAL
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
Appellant, David Wood, filed a notice of appeal from a conviction of assault. This
cause is before the Court on the State’s motion for abatement and remand. The State
indicates that the record fails to reflect a properly filed affidavit of indigency and that
appellant may not be entitled to an appointed attorney on appeal.
If appellant is indigent, he has a right to appointment of appellate counsel. See
TEX. CODE CRIM. PROC. ANN. art. 1.051(d)(1) (West Supp. 2010). Because the State has
indicated that appellant may not be indigent and the record fails to indicate whether
appellant is indigent, we GRANT the State’s motion.
Accordingly, we ABATE and REMAND this cause to the trial court. Upon remand,
the trial court is directed to: (1) immediately cause notice to be given and conduct a
hearing to determine whether appellant is indigent; (2) determine whether appellant’s
court-appointed attorney should remain as appellant's counsel; (3) make and file
appropriate findings of fact and conclusions of law and cause them to be included in a
clerk's record; (4) cause the hearing to be transcribed and included in a reporter's record;
and (5) have these records forwarded to the Clerk of this Court within thirty days from the
date of this order. If the trial court requires additional time to comply, the trial court should
so notify the Clerk of this Court.
It is so ordered.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
17th day of March, 2014.
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