NUMBER 13-13-00526-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
HERMAN LEE KINDRED, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Jackson County, Texas.
ORDER ABATING APPEAL
Before Justices Rodriguez, Garza, and Perkes
Per Curiam
Appellant, Herman Lee Kindred, seeks to appeal from his conviction by filing a pro
se notice of appeal. This cause is before the Court on appellant’s motion to abate
appeal, first motion to amend motion to abate appeal, and second motion to amend
motion to abate appeal. Appellant complains of his trial counsel and indicates that he is
indigent. Because the record fails to indicate whether appellant is entitled to appointed
counsel on appeal, we GRANT appellant’s motions, ABATE and REMAND this cause as
follows.
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) appoint
counsel to represent appellant on appeal if he is determined to be indigent, or determine
whether appellant waives his right to counsel and elects to proceed pro se; (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Do not publish.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
20th day of February, 2014.
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