Opinion
05-23-00962-CR
02-07-2024
JASON ANDREW LESSLER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-80156-2022
ORDER
ERIN A. NOWELL, JUSTICE
The reporter's and clerk's records are overdue. The records were originally due January 13, 2024.
On January 16, 2024, the district clerk notified this Court that appellant's counsel, Kristin R. Brown, had not paid for the clerk's record to be prepared. On January 23, 2024, this Court directed Ms. Brown to file within ten days (1) written verification that payment has been made for the clerk's record; (2) written verification that payment arrangements have been made to pay for the clerk's record; or (3) written documentation that appellant has been found to be entitled to proceed without payment of costs. We cautioned Ms. Brown that failure to provide the required documentation within the time specified could result in the dismissal of the appeal for want of prosecution. As of the date of this order, Ms. Brown has not filed the written verification or documentation.
On February 5, 2024, the court reporter notified this Court that Ms. Brown failed to respond to the court reporter's e-mails and telephone calls regarding payment for the reporter's record. In light of the reports of Ms. Brown's failure to communicate with the district clerk and court reporter and secure the record, and her failure to communicate with this Court and respond to our orders, the Court is concerned that appellant may not be receiving effective assistance of counsel on appeal.
We ORDER the trial court to hold a hearing within TWENTY DAYS of the date of this order and make findings concerning:
• whether appellant desires to bring this appeal;
• whether appellant has abandoned the appeal;
• whether appellant is indigent and entitled to a record at no cost and the appointment of counsel on appeal;
• if appellant is not entitled to a record at no cost, whether appellant intends to pay for the clerk's record and reporter's record, whether
payment has been made for the clerk's record and reporter's record and, if payment has not been made, the date payment will be made;
• whether Ms. Brown is appointed or retained;
• whether Ms. Brown has abandoned the appeal; and
• whether Ms. Brown is providing effective assistance of counsel.
If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel. If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam).
We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
We order the court reporter to file a reporter's record of the hearing required by this order within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated when the trial court's findings are received or at such other time as the Court deems proper.
We DIRECT the Clerk to send copies of this order to the Honorable Tom Nowak, Presiding Judge, 366th Judicial District Court; Michael Gould, Collin County District Clerk; Stephanie S. Moses, Official Court Reporter, Auxiliary/CAC Court; and counsel for all parties.
We DIRECT the Clerk to send copies of this order by first class mail to:
Jason Andrew Lessler
TDCJ # 02469664
Michael Unit 2664 FM 2054
Tennessee Colony, TX 75886