Opinion
No. 04-17-00780-CR
02-28-2018
Clint Harrison ELLER, Appellant v. The STATE of Texas, Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A15100
Honorable N. Keith Williams, Judge Presiding
ORDER
Appellant is in the process of filing an affidavit of indigence in an effort to be appointed appellate counsel on appeal. Because it appears appellant may be indigent, this appeal is ABATED to the trial court to determine if appellant is indigent and whether appellate counsel should be appointed. 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). The trial court is ORDERED to conduct a hearing and to cause a supplemental clerk's record to be filed no later than thirty days from the date of this order containing documentation of the trial court's findings, including an order appointing appellate counsel if the trial court determines appellant to be indigent. After the supplemental clerk's record is filed, the appeal will be reinstated on the docket of this court. All other filing deadlines are suspended until this reinstatement.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of February, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court