Green v. State

Full title: RUBEN GREEN, Appellant v. THE STATE OF TEXAS, Appellee

Court: State of Texas in the Eleventh Court of Appeals

Date published: Jul 26, 2018

No. 11-18-00132-CR (Tex. App. Jul. 26, 2018)

Opinion

11-18-00132-CR

07-26-2018

RUBEN GREEN, Appellant v. THE STATE OF TEXAS, Appellee

PER CURIAM

On Appeal from the 441st District Court Midland County, Texas
Trial Court Cause No. CR48792

ORDER

This appeal has become unduly stalled due to the failures of Appellant's retained counsel, Audie Reese. On more than one occasion, the clerk of this court has directed Reese to file in this court a docketing statement and a copy of the trial court's certification of Appellant's right of appeal. These documents were originally due on May 30, 2018; neither has been filed as of this date. We note also that the clerk's record and the reporter's record have not been filed because Appellant has not paid for them.

In light of the inordinate delay, we abate the appeal and remand the cause to the trial court so that it may address these matters and determine the following:

1. Whether Appellant desires to prosecute his appeal;

2. Whether a certification of Appellant's right of appeal has been signed as required by Rule 25.2 of the Texas Rules of Appellate Procedure;

3. Whether Reese intends to continue his representation of Appellant in this appeal or whether he desires to withdraw;

4. Whether Appellant has made arrangements to pay for the record or whether he is currently indigent; and

5. If Appellant is indigent, whether he is entitled to a free appellate record and to have counsel appointed to represent him in this appeal.

We note that Appellant need not appear in person at the hearing. The trial court is directed to make appropriate findings and recommendations and to appoint appellate counsel if appropriate. The trial court clerk is directed to prepare and forward to this court a clerk's record containing the findings, recommendations, and any orders of the trial court, including a certification of Appellant's right of appeal. If a hearing is held, the court reporter is directed to prepare and forward to this court the reporter's record from the hearing. These records are due to be filed in this court on or before August 15, 2018.

The appeal is abated.

PER CURIAM July 26, 2018 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.¹

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.