Opinion
No. 06-16-00109-CR
07-07-2016
BOBBY C. JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 188th District Court Gregg County, Texas
Trial Court No. 40942-A Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Bobby C. Johnson appeals from a judgment revoking his deferred adjudication community supervision, adjudicating him guilty of aggravated sexual assault of a child, and sentencing him to eleven years' incarceration. Attorney William T. Hughey was retained by family members of Johnson's to represent him in the trial court during the adjudication proceedings. While the scope of Counselor Hughey's representation of Johnson was apparently limited to the trial court proceedings, Hughey prepared a notice of appeal to protect Johnson's appellate rights, secured Johnson's signature on that notice of appeal, and filed it on Johnson's behalf. Included in the notice of appeal are (1) Johnson's declaration that he is unable to afford appellate counsel and (2) Johnson's request for court-appointed counsel to assist him in prosecuting his appeal.
In light of the declarations contained in Johnson's notice of appeal, we abate this matter to the trial court so that it may conduct whatever hearing(s) are necessary, either in person, by video link, or by telephone, to make the following determinations: (1) whether Johnson still desires to prosecute his appeal; (2) whether Johnson is indigent; (3) if indigent, whether Johnson wishes to have an attorney represent him on appeal; and (4) if not indigent, whether Johnson wishes to retain counsel to represent him on appeal.
If Johnson is indigent and wishes to be represented by an attorney on appeal, then the trial court shall appoint an attorney to represent him. If Johnson is found not to be indigent and wishes to retain counsel to assist him in prosecuting the appeal, then he has thirty days to retain counsel and inform this Court, immediately upon hiring counsel, of counsel's name and address.
The trial court may enter any orders necessary to implement these directives. Any hearing(s) should be conducted by the trial court within fifteen days of the date of this order. Appropriate orders and findings should be sent to this Court in the form of a supplemental clerk's record within fifteen days of the date of this order. The reporter's record of any hearing(s) should be filed with this Court in the form of a supplemental reporter's record within fifteen days of the date of this order. All appellate timetables are stayed and will resume on our receipt of the supplemental appellate record.
IT IS SO ORDERED.
BY THE COURT Date: July 7, 2016