Opinion
No. 04-19-00068-CR
08-19-2019
Victor Manuel PALOMO, Appellant v. The STATE of Texas, Appellee
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2009CRN001115-D3
Honorable Rebecca Ramirez Palomo, Judge Presiding
ORDER
Appellant's brief was due on July 31, 2019. When it was not filed, this court notified appellant's counsel of the deficiency by letter on August 8, 2019. TEX. R. APP. P. 38.8(b)(2). On August 9, 2019, appellant's counsel filed a response, stating she was originally retained as counsel to represent appellant, but appellant is unable to pay her fee. Counsel further states she does not intend to abandon the appeal and intends to seek appointment as counsel.
Pursuant to rule 38.8(b)(2) of the Texas Rules of Appellate Procedure, we abate this case to the trial court and ORDER the trial court to conduct a hearing on or before September 18, 2019 to determine whether appellant is indigent and if so, to appoint counsel. The trial court shall order appellant's current counsel to be present at the hearing.
The trial court is further ORDERED to file supplemental clerk's and reporter's records in this court, no later than fifteen days after the hearing, which shall include: (1) a transcription of the hearing and copies of any documentary evidence admitted, (2) written findings of fact and conclusions of law, and (3) recommendations addressing the above questions. All appellate filing dates are ABATED pending further orders from this court.
/s/_________
Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of August, 2019.
/s/_________
Keith E. Hottle
Clerk of Court