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Davidson v. State

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Nov 20, 2014
CAUSE NO. 12-14-00304-CR (Tex. App. Nov. 20, 2014)

Opinion

CAUSE NO. 12-14-00304-CR

11-20-2014

LESLIE RACHELLE DAVIDSON, COURT APPELLANT v. THE STATE OF TEXAS, APPELLEE


APPEALED FROM 114TH DISTRICT

IN AND FOR SMITH COUNTY, TEXAS

ORDER

Appellant is represented by Mr. Frank Long retained counsel. On October 27, 2014, this Court notified Appellant's counsel that a Docketing Statement was to be filed and gave him until November 6, 2014, to file it. TEX. R. APP. P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant's counsel was again notified on November 7, 2014, that the Docketing Statement was past due and was given until November 17, 2014, 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 Christi J. Kennedy, Judge of the 114th District Court of Smith 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 December 22, 2014.

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12Court of Appeals District of Texas, at Tyler.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 20th day of November 2014, A.D.

CATHY S. LUSK, CLERK

12 COURT OF APPEALS

By: /s/_________

Katrina McClenny, Chief Deputy Clerk


Summaries of

Davidson v. State

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Nov 20, 2014
CAUSE NO. 12-14-00304-CR (Tex. App. Nov. 20, 2014)
Case details for

Davidson v. State

Case Details

Full title:LESLIE RACHELLE DAVIDSON, COURT APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Nov 20, 2014

Citations

CAUSE NO. 12-14-00304-CR (Tex. App. Nov. 20, 2014)