Cardenas v. State

Full title: EDGAR CARDENAS, Appellant, v. THE STATE OF TEXAS, State.

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Jul 10, 2018

No. 08-18-00083-CR (Tex. App. Jul. 10, 2018)

Opinion

No. 08-18-00083-CR

07-10-2018

EDGAR CARDENAS, Appellant, v. THE STATE OF TEXAS, State.

PER CURIAM

Appeal from the 346^th District Court of El Paso County, Texas (TC# 20180D01708) ORDER

The reporter's record was due to be filed on July 7, 2018 and none has been filed. Mary Elizabeth Bonnie, Official Court Reporter for the 346^th District Court of El Paso County, advised the Court on July 6, 2018 that she will not file a reporter's record because the trial court has informed her that the court will not authorize payment for the record because the attorney who filed the notice of appeal is not eligible to be appointed as appellate counsel.

Therefore, this cause is remanded and the trial court is ordered to conduct a hearing to resolve the issue regarding the status of Appellant's counsel on appeal. The trial court is directed to determine whether Appellant's counsel on appeal is eligible for appointment as appellate counsel. If he is not, the court shall determine whether counsel is retained or intends to represent Appellant pro bono on appeal. If counsel is not eligible for appointment as appellate counsel, has not been retained, and does not intend to represent Appellant pro bono, then the trial court shall enter an order appointing new appellate counsel. The court reporter shall prepare and file the record of the hearing in this Court on or before August 9, 2018.

Additionally, the clerk's record does not contain the trial court's certification of the defendant's right of appeal. TEX.R.APP.P. 25.2(a)(2), (d). The trial court is ordered to prepare and file with the trial court clerk a certification of the defendant's right of appeal as required by TEX.R.APP.P. 25.2(a)(2) and 25.2(d).

The trial court shall forward its order appointing appellate counsel and the certification to the District Clerk of El Paso County, Texas, on or before July 30, 2018. The District Clerk shall prepare and forward a supplemental clerk's record containing the order appointing appellate counsel and certification of defendant's right of appeal and forward the same to this Court on or before August 9, 2018. The reporter's record shall be due thirty days from the date the supplemental clerk's record is filed.

IT IS SO ORDERED this 10^th day of July, 2018.

PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.