Opinion
No. 07-09-0091-CR
April 24, 2009. DO NOT PUBLISH.
Appealed from the 251st District Court of Potter County; No. 50,712-C; Honorable Ana Estevez, Judge.
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ORDER OF ABATEMENT AND REMAND
On March 16, 2009, appellant, Alton Armstrong, filed a notice of appeal from a judgment entered by the 251st District Court of Potter County, Texas, in cause number 50,712-C. In this notice, appellant requests the trial court relieve his appointed counsel from continuing to represent appellant on appeal and to appoint new appellate counsel. On this basis, we now abate and remand this cause. Upon remand, the judge of the trial court is directed to immediately cause notice to be given of and to conduct a hearing to determine: (1) whether appellant desires to prosecute this appeal; (2) if appellant desires to prosecute this appeal, whether appellant is indigent; (3) if appellant is indigent, whether appellant is being adequately represented on appeal by trial counsel; (4) if appellant is indigent and not being adequately represented, whether appellant should be appointed new appellate counsel; and (5) what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant's appeal if appellant does not desire to prosecute this appeal. If the trial court determines that new counsel should be allowed to represent appellant on appeal, the court should cause the clerk of this court to be furnished the name, address, and State Bar of Texas identification number of the newly-appointed or newly-retained attorney. The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law, and recommendations and cause them to be included in a supplemental clerk's record; (3) cause the hearing proceedings to be transcribed and included in a supplemental reporter's record; (4) have a record of the proceedings made to the extent any of the proceedings are not included in the supplemental clerk's record or the supplemental reporter's record; and (5) cause the records of the proceedings to be sent to this court. TEX. R. APP. P. 38.8(b)(3). In the absence of a request for extension of time from the trial court, the supplemental clerk's record, supplemental reporter's record, and any additional proceeding records, including any orders, findings, conclusions, and recommendations, are to be sent so as to be received by the clerk of this court not later than May 26, 2009.