Opinion
NUMBER 13-17-00656-CR NUMBER 13-17-00657-CR
01-26-2018
JOSHUA D. LEMONS, Appellant, v. THE STATE OF TEXAS, Appellee.
On Appeal from 36th District Court of San Patricio County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Contreras and Benavides
Order Per Curiam
Appellant, Joshua D. Lemons, filed pro se notices of appeal from his convictions for possession of methamphetamine and felony bail jumping. The clerk's records in these causes contain appellant's request for appointment of counsel on appeal. The Honorable Jacqueline Lamerson has filed docketing statements indicating she is appointed counsel for appellant, but the record fails to indicate that appellant is indigent and whether the Honorable Jacqueline Lamerson has been appointed. Accordingly, 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 this appeal; (2) whether appellant has been denied effective assistance of counsel; and (3) whether appellant is indigent and entitled to court-appointed counsel.
If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court-appointed counsel, the trial court shall appoint new counsel to represent appellant in this appeal. 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.
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PER CURIAM Do not publish.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). Delivered and filed this the 26th day of January, 2018.