Opinion
No. 05-17-00960-CR
11-06-2017
MARCOS EVANGELISTO ESCOBAR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F17-00354-W
ORDER
On August 3, 2017, appellant timely filed his notice of appeal. On October 31, 2017, court reporter Patricia Holt notified the Court that appellant had not retained counsel and she had not been notified that appellant had filed a pauper's oath.
In light of this, we ORDER the trial court to conduct a hearing to determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that effect. If appellant does desire to prosecute this appeal, the trial court shall determine whether appellant is entitled to court-appointed counsel in this appeal. If the trial court finds that appellant is entitled to court-appointed counsel, we ORDER the trial court to appoint an attorney to represent appellant in the appeal. If the trial court finds that appellant is not entitled to court-appointed counsel, the trial court shall determine whether appellant will retain counsel to represent him in the appeal and, if so, the name, State Bar number, and contact information for retained counsel.
We ORDER the trial court to transmit a record of the hearing, including findings of fact, any orders, and any supporting documentation, to this Court within THIRTY DAYS of the date of this order.
We ABATE the appeal to allow the trial court to comply with the order. The appeal will be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ LANA MYERS
JUSTICE