Opinion
NUMBER 13-20-00357-CR
11-06-2020
LUZALBERT HERNANDEZ A/K/A LUZ ALBERT HERNANDEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court of Victoria County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
This cause is before the Court on appellant's letter dated September 11, 2020, which we construe as a motion to abate to determine indigency.
Accordingly, we ABATE this appeal and REMAND the cause to the trial court for further proceedings. Upon remand, the trial court shall cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:
1. Whether appellant desires to prosecute this appeal;
2. Whether appellant is indigent;
3. Whether appellant is entitled to a free appellate record due to indigency; and,
4. Whether appellant is entitled to appointed counsel.
If the trial court determines appellant does want to continue the appeal and appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint counsel to represent appellant in this appeal. If counsel is appointed, the name, address, telephone number, and state bar number of the appointed counsel shall be included in the order of appointment.
The trial court shall cause its finding and recommendations, together with any relevant orders it may enter, to be included in a supplemental clerk's record and shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed on the 6th day of November, 2020.