Opinion
No. 08-14-00227-CR
09-03-2015
Ramon Alvarado Chacon, Appellant, v. The State of Texas, State.
Appeal from the 394th District Court of Brewster County, Texas (TC# 4254) ORDER
This appeal is set for submission on September 24, 2014. Appellant has filed a motion objecting to the appellate record, requesting abatement of the appeal, and requesting appointment of new counsel.
Appellant objects to the clerk's record as incomplete because it does not include the following items: (1) the jury charge; (2) an order on the State's motion to amend the indictment; (3) the discovery requests and responses, if any; (4) and appellate counsel's designation of the record. On our own motion, we have determined that it is necessary to supplement the clerk's record with the missing items. See TEX.R.APP.P. 34.5(c). The clerk of the trial court is ordered to prepare a supplemental clerk's record containing the court's charges for guilt-innocence and punishment, any jury notes and the trial court's response, any discovery motions and rulings, and Appellant's request for preparation of the clerk's record and the reporter's record. The supplemental clerk's record is due to be filed no later than October 3, 3015.
Appellant also objects to the reporter's record as incomplete because it does not contain voir dire or the reading of the court's charge to the jury. On our own motion, we have determined that it is necessary to supplement the reporter's record. See TEX.R.APP.P. 34.6(d). The court reporter is ordered to prepare a supplemental reporter's record containing voir dire and the reading of the court's charge to the jury at both the guilt-innocence and punishment phases of trial. The supplemental reporter's record is due to filed no later than October 3, 2015.
Appointed appellate counsel concluded that the appeal is frivolous, and he filed a motion to withdraw and brief pursuant to Anders v. California. It is unclear whether appointed counsel reviewed the complete reporter's record of the trial, including voir dire, prior to determining that the appeal is frivolous. Likewise, we are unable to determine whether counsel's review of the record included the court's charges for guilt-innocence and punishment. The Court requests that Mr. G. Kirk Meade file an amended motion to withdraw clarifying whether his review of the record included voir dire, and the court's charges at guilt-innocence and punishment. The amended motion to withdraw is due to be filed no later than. September 13, 2015. Appellant's motion to abate the appeal and to appoint new counsel is DENIED. The Court will, however, consider whether it is necessary to appoint new counsel when it conducts its review of the complete record and counsel's amended motion to withdraw.
IT IS SO ORDERED this 3rd day of September, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.