Opinion
12-23-00099-CR
05-16-2023
LARRY LYNN POSEY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 392ND DISTRICT COURT IN AND FOR HENDERSON COUNTY, TEXAS
ORDER
Appellant is represented by Mr. Stephen Evans, appointed counsel. On April 13, 2023, this Court notified Appellant's counsel that a Docketing Statement was to be filed and gave him until April 24, 2023, to file it. Tex.R.App.P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant's counsel was again notified on April 25, 2023, that the Docketing Statement was past due and was given until May 5, 2023, to file a Docketing Statement. As of the date of this Order, no satisfactory response has been received.
Pursuant to Tex.R.App.P. 32.2 it is ORDERED that the Honorable R. Scott McKee, Judge of the 392nd District Court of Henderson County, shall immediately conduct a hearing to determine the cause of counsel's failure to file the Docketing Statement and whether the Appellant has abandoned the appeal.
It is FURTHER ORDERED that the trial court determine whether: (1) Appellant is indigent and entitled to the appointment of counsel on appeal; (2) Appellant has sufficient funds to retain counsel; or (3) Appellant desires to represent himself on appeal.
It is ADDITIONALLY ORDERED that once findings are made as to the above issues, the trial court shall appoint counsel, give Appellant an appropriate deadline for retaining counsel, or administer the appropriate warnings concerning the dangers of self-representation, in accordance with its findings and the court shall also take necessary action to insure the prompt filing of the Docketing Statement with this Court.
It is FINALLY ORDERED that a supplemental record containing the court's findings of fact and conclusions of law and any appropriate order(s) attendant thereto be certified to this Court on or before Tuesday, May 30, 2023.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12thCourt of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 16th day of May 2023, A.D.