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Hargrove v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 9, 2018
NUMBER 13-17-00688-CR (Tex. App. Feb. 9, 2018)

Opinion

NUMBER 13-17-00686-CR NUMBER 13-17-00687-CR NUMBER 13-17-00688-CR NUMBER 13-17-00689-CR NUMBER 13-17-00690-CR

02-09-2018

KEVIN HARGROVE, Appellant, v. THE STATE OF TEXAS, Appellee.


On Appeal from the 148th District Court of Nueces County, Texas.

ORDER OF ABATEMENT

Before Justices Rodriguez, Longoria, and Hinojosa
Order Per Curiam

Appellant filed pro se notices of appeal in these causes. This matter is before the Court because the reporter's records have not been filed. The clerk's records were filed, however, they do not contain a designation for a reporter's record. Because the records fail to indicate 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 the appeals; (2) whether appellant has been denied effective assistance of counsel; and (3) whether appellant is indigent and entitled to court-appointed counsel, and if so, whether appellant waives his right to court-appointed counsel and elects to proceed pro se.

If the trial court determines that appellant does want to continue the appeals and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint new counsel to represent appellant in the appeals. If new counsel is appointed, the name, address, email address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel. If the trial court determines that appellant waives his right to counsel and elects to proceed pro se, the court shall enter an order to that effect.

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PER CURIAM Do not publish.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). Order delivered and filed this the 9th day of February, 2018.


Summaries of

Hargrove v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Feb 9, 2018
NUMBER 13-17-00688-CR (Tex. App. Feb. 9, 2018)
Case details for

Hargrove v. State

Case Details

Full title:KEVIN HARGROVE, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Feb 9, 2018

Citations

NUMBER 13-17-00688-CR (Tex. App. Feb. 9, 2018)