IN THE
TENTH COURT OF APPEALS
No. 10-17-00095-CR
RAYFORD BERNARD SMITH,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 16-04025-CRF-85
ABATEMENT ORDER
Rayford Smith was convicted of the offense of continuous sexual abuse of a young
child. See TEX. PENAL CODE ANN. § 21.02 (West 2011). The record in this appeal has not
yet been filed. We have been provided documentation by the trial court, however, that
indicates Smith was represented by counsel at trial but that Smith subsequently filed a
pro se notice of appeal. Further, we have no indication whether trial counsel has
withdrawn from representing Smith or whether new counsel has been appointed to
represent Smith on appeal.
Accordingly, this case is abated to the trial court to hold a hearing within 21 days
from the date of this order to consider whether Smith is indigent, whether trial counsel
continues to represent Smith on appeal, and if not, whether to appoint new counsel for
Smith. See TEX. CODE CRIM. PROC. ANN. arts. 1.051, 26.04 (West 2005 & 2009). Clerk’s and
Reporter’s Records containing the trial court’s written or oral findings and rulings, if any,
are ordered to be filed within 35 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed April 5, 2017
Smith v. State Page 2