NUMBER 13-13-00623-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE TORRES JR. A/K/A
JOSE TORRES, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On appeal from the 404th District Court
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Garza, and Perkes
Order Per Curiam
This cause is before the Court because the court reporter has notified the Court
that she has not received a request for preparation of the reporter’s record. Upon
contacting appellant’s counsel, the Court was advised that counsel was appointed to
represent appellant in the trial court but was not appointed to represent him on appeal.
Because appellant’s trial counsel has indicated that he was not retained for appeal and
the record fails to indicate whether appellant is entitled to appointed counsel on appeal,
we ABATE and REMAND this cause as follows.
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) whether appellant has been denied
effective assistance of counsel; and (3) whether appellant is indigent and entitled to
court-appointed counsel, and if so, whether appellant waives his right to court-appointed
counsel and elects to proceed pro se.
If the trial court determines that appellant does want to continue the appeal 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. If the trial court determines that appellant
waives his right to counsel and elects to proceed pro se, the court shall enter an order to
that effect.
The trial court shall cause its findings 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 the
expiration of thirty days from the date of this order.
2
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
27th day of February, 2014.
3