Opinion
No. 08-13-00129-CR
04-10-2014
ROSHAN SAH, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the
Criminal District Court No. 1
of Tarrant County, Texas
(TC# 1272135D)
ORDER
The Appellant's brief in the above styled and numbered cause was due December 12, 2013, the Court having granted a third and final extension of time to file the brief until such date. On February 27, 2014, Appellant's retained counsel filed a notice advising the Court that counsel had concluded there are no meritorious issues which can be raised on appeal. Counsel also informed the Court that this information had been provided to Appellant and he has indicated he may file a motion to dismiss the appeal. Consequently, we gave Appellant and his counsel until March 21, 2014 to file a motion to dismiss the appeal or a motion to withdraw. More recently, Appellant's counsel has informed the Court that Appellant had not received the packet of information sent to him which included the motion to dismiss the appeal. As of this date, neither the motion to dismiss nor the motion to withdraw has been filed.
It is therefore ORDERED that the trial court conduct a hearing to determine whether Appellant desires to prosecute his appeal, and if so, whether Appellant intends to retain other counsel or represent himself on appeal. The trial court is authorized to make appropriate findings and recommendations. Further, if Appellant asserts that he is now indigent, the trial court is also authorized to appoint counsel to represent him on appeal. The record of such hearing, including any orders and findings of the trial court, shall be certified and forwarded to this office on or before May 10, 2014.
IT IS SO ORDERED this 10th day of April, 2014.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.