Opinion
11-24-00034-CR
10-31-2024
ANDREW STEVEN CHESTER, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish. See Tex. R. App. P. 47.2(b).
On Appeal from the County Court Palo Pinto County, Texas Trial Court Cause No. 59558
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
Pro se Appellant, Andrew Steven Chester, appeals his conviction for assault causing bodily injury to a family or household member, a Class A misdemeanor. See Tex. Penal Code Ann. § 22.01(a)(1) (West Supp 2024). The reporter's record was originally due on March 25, 2024. We extended the filing deadline four times after repeatedly directing Appellant to pay for the reporter's record. To date, neither the reporter's record nor Appellant's brief has been filed.
Upon further review of the documents on file with this court, Appellant completed a pretrial affidavit of indigence on August 3, 2022, and requested court-appointed trial counsel. The trial court denied Appellant's request, and he represented himself at trial. Appellant also requested court-appointed appellate counsel in his notice of appeal filed in January 2024. See Tex. Code Crim. Proc. Ann. art. 1.051(d) (West Supp 2024) (indigent defendants are entitled to appointed counsel on appeal), art. 1.053 (criminal defendant's indigent status is based on his "present ability to pay"). He is, however, unrepresented by counsel on appeal. In light of the circumstances, we abate this appeal and remand to the trial court for further proceedings. See Tex. R. App. P. 38.8(b)(3).
On remand, the trial court shall conduct a hearing to determine whether Appellant: (1) wishes to prosecute this appeal; (2) is currently indigent; and (3) is entitled to appointed appellate counsel and a free appellate record due to his indigence. If the trial court determines that Appellant does not wish to pursue his appeal, it shall direct Appellant to file a motion to dismiss in this court. See id. R. 42.2. If Appellant does in fact wish to pursue this appeal, the trial court shall appoint appellate counsel if Appellant is indigent.
The failure to timely file a brief may result in this court considering the appeal without briefs, and taking any appropriate action to ensure that Appellant's rights are protected. See id. R. 38.8(4) (granting appellate courts the authority to initiate contempt proceedings against appellant's counsel). The supplemental clerk's and reporter's records from the hearing containing the trial court's appropriate written findings and recommendations shall be forwarded to this court no later than December 2, 2024.
It is so ordered.