Opinion

Jesus Escobar v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jan 17, 2014
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER OF ABATEMENT

Cause No. 01-13-00496-CR; Jesus Escobar v. The State of Texas

On Appeal from the County Court at Law No. 7 of Harris County, Texas

Trial Court Cause No. 1853071

On January 15, 2014, Counsel for Jesus Escobar filed a Motion to Withdraw as Counsel

and a Motion for Extension of Time to File Reporter’s Record. Counsel indicates that Escobar’s

financial situation has changed and he is unable to pay fees for her services, or for the reporter’s

record.

We do not have jurisdiction to appoint appellate counsel. As such, we abate this appeal

and remand the case to the trial court for a hearing within 30 days from the date of this order at

which appellant and counsel shall be present in person. The court coordinator of the trial court

shall set a date for said hearing and notify the parties, including appellant. If appellant is now

incarcerated, he may appear by closed video teleconference.1 We direct the trial court to make

appropriate written findings of fact and conclusions of law and to execute any necessary orders

on these issues:

1) Whether appellant still wishes to pursue this appeal;

2) If so, whether to allow Heather Lytle to withdraw;

3) Whether appellant is now indigent and entitled to appointed counsel; and, if

indigent,

a. appoint counsel on appeal, and

b. order the court reporter to file the reporter’s record with this Court at no

cost to appellant;

4) If appellant is not indigent:

a. whether he has retained an attorney to file a brief, and, if so, obtain the

name, address, and telephone number of retained counsel;

b. if appellant has not retained counsel, the trial court shall admonish

appellant of the dangers and disadvantages of self-representation, and

i. determine whether appellant is knowingly and intelligently

waiving his right to counsel; or,

1 Any such teleconference must use a closed-circuit video teleconferencing system that provides for a

simultaneous compressed full motion video and interactive communication of image and sound between

the trial court, appellant, and any attorneys representing the State or appellant. On request, appellant and

his counsel shall be able to communicate privately without being recorded or heard by the trial court or the

attorney representing the State.

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ii. if appellant does not wish to proceed pro se, provide a deadline by

which appellant must hire an attorney.

See TEX. CODE CRIM. PROC. ANN. art. 1.051(a), (f); Oliver, 872 S.W.2d at 716; Minjares, 577

S.W.2d at 224; cf. TEX. CODE CRIM. PROC. ANN. art. 1.051(g).

The trial court shall have a court reporter, or court recorder, record the hearing and file

the reporter’s record with the Court no later than 30 days from the date of this order.

Additionally, the trial court’s findings and recommendations and any orders issued pursuant to

this hearing shall be included in a supplemental clerk’s record and filed in this Court no later

than 30 days from the date of this order. If the hearing is conducted by video teleconference, a

certified electronic copy of the hearing shall be filed in this Court no later than 30 days from the

date of this order.

The appeal is abated, treated as a closed case, and removed from this Court’s active

docket. The appeal will be reinstated on this Court’s active docket when the supplemental

clerk’s record and reporter’s record of the hearing are filed in this Court.

It is so ORDERED.

Judge=s signature: /s/ Justice Harvey Brown

X Acting individually Acting for the Court

Date: January 17, 2014

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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