Opinion
09-23-00256-CR09-23-00257-CR
11-03-2023
WILLIAM YOUANI OCAMPO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 221st District Court Montgomery County, Texas Trial Cause Nos. 22-11-14964-CR &22-11-14963-CR
ORDER
Before Golemon, C.J., Johnson and Wright, JJ.
PER CURIAM
On June 26, 2023, the trial court sentenced William Youani Ocampo in Trial Court Case Numbers 22-11-14963-CR and 22-11-14964-CR. Within thirty days of sentencing, Ocampo mailed a notice of appeal to the Clerk of the Court of Appeals. The trial court certified that Ocampo has a right to appeal. On October 9, 2023, the trial court clerk notified this Court that Ocampo is not entitled to appeal without paying the fee and he has not arranged to pay the fee for the records. On October 23, 2023, the Court received a letter from Ocampo in which he says that he cannot afford to pay for the records.
It is, therefore, ORDERED that the appeals are abated and the cases are remanded to the trial court for a hearing, so the trial court may determine whether the appellant desires to appeal his convictions and whether he is indigent. Should the trial court determine that the appellant desires to appeal and that he is indigent and unable to pay or give security for the records, the trial court shall order the District Clerk to prepare the clerk's records and the court reporter to prepare the reporter's records without charge to the appellant. If the trial court determines that the appellant desires to appeal and that he is indigent, the trial court shall appoint counsel to represent the appellant on appeal.
A supplemental clerk's record containing any orders and findings made by the trial court pursuant to this Order, together with reporter's records of any hearings conducted by the trial court, shall be filed with the Court of Appeals by December 4, 2023. The appeals shall be reinstated without further order of this Court when the supplemental clerk's and reporter's records are filed with the Court of Appeals.
ORDER ENTERED