IN THE
TENTH COURT OF APPEALS
No. 10-17-00268-CR
MARCO ANTONIO LIZARDI RAMIREZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 2
Ellis County, Texas
Trial Court No. 1611428CR
ABATEMENT ORDER
Marco Antonio Lizardi Ramirez was convicted of the offense of driving while
intoxicated. On July 7, 2017, Ramirez filed a notice of appeal in the trial court indicating
his desire to appeal the conviction. Neither the clerk’s record nor the reporter’s record
have been filed. The trial court clerk and the court reporter have both informed this court
that the records have not been prepared because payment has not been received for the
records. The trial court clerk and the court reporter have attempted to contact Ramirez’s
attorney, Rosalind Kelly, and have not received a response. This Court has also
attempted to contact Rosalind Kelly and has not received a response1. We also note that
Kelly has failed to respond to notices from this Court in another case.
We abate this appeal to the trial court to hold a hearing within 35 days of the date
of this order to determine: (1) whether Ramirez desires to continue the appeal; and (2)
whether Ramirez is receiving effective assistance of counsel. The supplemental clerk’s
and reporter’s records, if any, are ordered to be filed within 45 days of the date of this
Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed October 25, 2017
Do not publish
1We also note that on September 18, 2017, District 6 Grievance Committee of the State Bar of Texas entered
an order for a partially probated suspension for Rosalind Kelly. Kelly was ordered on or before October 1,
2017 to “notify in writing each and every justice of the peace, judge, magistrate, administrative judge or
officer and chief justice of each and every court or tribunal in which [Kelly] has any matter pending of the
terms of this judgment …” This Court has not received any written notification from Kelly.
Ramirez v. State Page 2