Opinion
No. 04-17-00367-CR
08-28-2017
Roger Trudell DAVIS, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR6145
Honorable Steve Hilbig, Judge Presiding
ORDER
Appellant's retained attorney at trial, Karen Dalglish Seal, has filed a motion to withdraw as counsel, stating that appellant has not and cannot afford to pay the applicable attorney's fees as well as the fees for preparation of the appellate record. Seal also states that it is in the best interest of her client that she withdraw because she is not "profoundly experienced in dealing with appeals." We GRANT the motion. See Tex. R. App. P. 6.5.
Because appellant is now without counsel on appeal, we ABATE this appeal to the trial court. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may abate appeals so that trial court can assure appellant has effective assistance of counsel). We ORDER the trial court to conduct a hearing and enter findings of fact and conclusions of law on or before September 18, 2017 with respect to the following:
(1) Is appellant indigent?
(2) If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
We note that court reporters Bettina Williams and Brooke Wagner have filed notifications of late records, both stating that their respective records have not been filed because appellant has not paid the fee for preparing the record.
We ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's findings of facts and conclusions of law on or before September 27, 2017. We also ORDER the court reporter to file a supplemental reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing. After the supplemental records are filed, the appeal will be reinstated on the docket of this court.
All appellate deadlines are SUSPENDED pending further orders from this court.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk