Opinion
NUMBER 13-16-00058-CR
02-10-2016
MICHAEL DEWAYNE DIAZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 130th District Court of Matagorda County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Benavides
OrderPer Curiam
Appellant, Michael Dewayne Diaz, has filed a notice of appeal with this Court from his conviction in trial court cause number 15-250. The trial court's certification of the defendant's right to appeal shows that the defendant does not have the right to appeal. See TEX. R. APP. P. 25.2(a)(2).
On January 21, 2016, we ordered appellant's counsel, Bill F. Leathers, to, within thirty days, review the record and advise this Court as to whether appellant has a right to appeal. See TEX. R. APP. P. 44.3, 44.4. Counsel has responded that he is not the appellate attorney for appellant. Because it is unknown whether appellant is entitled to appointed counsel on appeal, we ABATE and REMAND this cause as follows.
Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal; (2) whether appellant has been denied effective assistance of counsel; and (3) whether appellant is indigent and entitled to court-appointed counsel.
If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint new counsel to represent appellant in this appeal. If new counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 10th day of February, 2016.