Order entered December 11, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01342-CR
KEPHREN THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F17-16908-K
ORDER
On October 30, 2017, appellant filed a pro se notice of appeal. On November 22, 2017,
appellant filed a pro se docketing statement representing that he is represented by attorney John
Read, II. Appellant also enclosed a letter requesting appointment of a new attorney on the
ground counsel has refused to “actively advocate” on his behalf, and he was forced to file his
own notice of appeal. To date, Mr. Read has not communicated with the Court in any manner
and appellant is listed in our records as representing himself pro se. The clerk’s record was due
on December 4, 2017 and has not been filed.
We ORDER the trial court to conduct a hearing to determine whether appellant is
represented by counsel and, if not, whether appellant is entitled to court-appointed counsel. If
the trial court finds that appellant is not represented by counsel and is entitled to court-appointed
counsel, we ORDER the trial court to appoint an attorney to represent appellant in the appeal. If
the trial court finds that appellant is not entitled to court-appointed counsel, the trial court shall
determine whether appellant will retain counsel to represent him in the appeal and, if so, the
name, State Bar number, and contact information for retained counsel.
We ORDER the trial court to transmit a record of the hearing, including findings of fact,
any orders, and any supporting documentation, to this Court within THIRTY DAYS of the date
of this order.
We ABATE the appeal to allow the trial court to comply with the order. The appeal will
be reinstated thirty days from the date of this order or when the findings are received, whichever
is earlier.
/s/ LANA MYERS
JUSTICE