Opinion
No. 05-20-00027-CR
07-31-2020
EX PARTE ANGEL GUADALUPE TORRES
On Appeal from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. WX19-90191-J
ORDER
Before the Court is the July 13, 2020 motion for leave to withdraw filed by appellant's retained counsel, Sanjay S. Mathur and David S. Reese. In the motion, Mathur and Reese relate that they have been unable to communicate effectively with appellant, and appellant has failed to comply with counsels' employment agreement. In an attached letter addressed to appellant, Mathur and Reese state appellant has failed to pay fees required under the parties' retainer agreement and has an outstanding balance. The letter indicates that it and a copy of the motion were transmitted to appellant by certified and first class mail and appellant was notified that he had ten days to file a written objection. No objection has been filed.
The record in this post-conviction habeas appeal was due on June 9, 2020. When the record was not timely filed, the Court extended the due date for the record until July 29, 2020. The clerk's record was filed on July 27, 2020. The reporter's record has not been filed, and there has been no communication from the court reporter regarding the reporter's record.
A review of the clerk's record shows the trial court conducted a hearing on appellant's habeas application during which appellant testified. The docketing statement appellant filed represents a reporter's record was requested but, as of the date the docketing statement was filed, no payment arrangements for the reporter's record had been made.
Counsels' motion and letter raise the issue of whether appellant desires to continue prosecuting the appeal or whether he has abandoned the appeal. The status of the reporter's record is also unclear.
Accordingly we ORDER the trial court to conduct a hearing to determine the status of this appeal. The trial court's inquiries shall include (1) whether appellant desires to prosecute this appeal; (2) whether the appeal has been abandoned; (3) whether appellant is represented by, or intends to seek, new counsel; (4) whether appellant has requested the reporter's record; and (5) if the reporter's record has been requested, whether appellant has paid for the reporter's record or made arrangements to pay for the reporter's record.
The trial court is ORDERED to file a supplemental clerk's record within THIRTY DAYS of the date of this order containing its findings of fact and recommendations on the matters described above.
The motion to withdraw filed by Mathur and Reese is GRANTED on two conditions: (1) that counsel continue to represent appellant in connection with the trial court's hearing and inquiries as described in this order; and (2) in the event appellant no longer desires to pursue this appeal, that counsel assist appellant in preparing and filing a motion to dismiss the appeal. Upon completion of these limited duties, counsel's representation of appellant shall be concluded.
In the event a motion to dismiss is not filed, upon completion of counsel's duties, counsel is ORDERED to immediately notify appellant of any additional deadlines that counsel is aware of that were not previously disclosed to appellant. See TEX. R. APP. P. 6.5(c).
We ABATE the appeal to allow the trial court to comply with the above order. The appeal shall be reinstated when the findings are received or at such other time as the Court deems appropriate.
We DIRECT the Clerk of the Court to transmit copies of this order, by electronic transmission, to the Honorable Gracie Lewis, Presiding Judge, Criminal District Court No. 3; to Kimberly Xavier, official court reporter, Criminal District Court No. 3; and to counsel for the parties.
We FURTHER DIRECT the Clerk of the Court to mail a copy of this order, by first-class mail, to Angel Guadalupe Torres, 1702 Meadow Valley, Irving, Texas 75060.
/s/ LANA MYERS
JUSTICE