Opinion

Jacob Rhodes v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 9, 2017
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Jacob Rhodes v. The State of Texas

Appellate case number: 01-15-00810-CR

Trial court case number: 1979692

Trial court: County Criminal Court at Law No. 4 of Harris County

Appellant’s brief was originally due on July 6, 2016. Despite notice the brief was late, no

response or brief was filed. In August 2016, this Court issued an order, abating the appeal and

remanding to the trial court to determine why no brief was filed. A hearing record was filed in

September 2016, in which the trial court concluded the hearing by stating he would give

appellant two weeks to retain new counsel and this new counsel was to advise the trial court

when the brief would be filed. No supplemental clerk’s record containing findings was filed,

despite follow-up by the Clerk of this Court. In late December 2016, a supplemental clerk’s

record was filed, containing a docket sheet with no new information other than that appellant’s

counsel had not shown up at the hearing and that appellant was given two weeks to retain new

counsel. In January 2017, a second order was issued, continuing the abatement and directing the

trial court to determine if counsel had abandoned appellant, and whether counsel should be

appointed. On February 20, 2017, a hearing record was filed. After determining that appellant

had not retained counsel and that he desired to pursue his appeal, the trial court found on the

record that appellant was indigent and stated he would appoint counsel. On February 23, 2017, a

supplemental clerk’s record was filed showing that the trial court had appointed counsel from the

Public Defender’s Office. The supplemental clerk’s record also includes requests for preparation

of the record, signed by Angela Cameron, Assistant Public Defender.

We reinstate the appeal on the active docket. The Clerk of this Court is instructed to note

that appellant is indigent and has been appointed new counsel, Angela Cameron. The record has

already been filed. Appellant’s brief is due on or before April 10, 2017.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually

Date: March 9, 2017

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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