Opinion
No. 04-13-00569-CR
11-15-2013
Kristi Rene NIX, Appellant v. The STATE of Texas, Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B11614
Honorable M. Rex Emerson, Judge Presiding
ORDER
Appellant has filed an affidavit of indigence in response to this court's show cause order instructing appellant to provide proof of payment for the appellate record. See TEX. R. APP. P. 20.2. In addition, appellant's retained counsel has filed a motion to withdraw, and appellant has filed a letter agreeing with the motion to withdraw and requesting appointment of an attorney to represent her on appeal. The clerk's record has been filed, but the reporter's record is pending.
It is therefore ORDERED that this appeal is ABATED and REMANDED to the trial court for a determination of: (1) whether appellant is indigent, and thus entitled to a free reporter's record; and (2) whether appellant's current counsel, Mr. Perry D. Cortese, should be permitted to withdraw and new counsel be appointed on appeal. Because Mr. Cortese's motion to withdraw filed in this Court does not comply with Texas Rule of Appellate Procedure 6.5, it is STRICKEN, and Mr. Cortese is instructed that he may file a new motion to withdraw in the trial court within 10 days from the date of this order, if he wishes the trial court to rule on his request to withdraw.
It is further ORDERED that, within thirty (30) days from the date of this order, the trial court shall conduct a hearing to determine whether or not appellant is indigent, and to enter findings of fact and conclusions of law concerning its determination of indigence. If a timely motion to withdraw is filed by Mr. Cortese, the trial court shall rule on such motion and if the trial court has determined that appellant is indigent, the trial court shall appoint appellate counsel to represent appellant in this appeal.
Finally, the trial court is ORDERED to cause the trial court clerk to file a supplemental clerk's record containing the trial court's findings concerning appellant's indigence, the court's ruling on current counsel's motion to withdraw, if so filed, and documentation of any appointment of counsel no later than December 27, 2013. All appellate deadlines are suspended until further order by this court.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of November, 2013.
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Keith E. Hottle
Clerk of Court