Opinion
12-23-00244-CR
11-06-2023
DES BERNARD SHELBY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 159TH DISTRICT COURT IN AND FOR ANGELINA COUNTY, TEXAS
ORDER
HONORABLE JAMES T. WORTHEN, CHIEF JUSTICE
Appellant is represented by Mr. John Peralta, appointed counsel. On September 21, 2023, this Court notified Appellant's counsel that a Docketing Statement was to be filed and gave him until October 2, 2023, to file it. Tex.R.App.P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant's counsel was again notified on October 4, 2023, that the Docketing Statement was past due and was given until October 16, 2023, to file a Docketing Statement. As of the date of this Order, no satisfactory response has been received.
Pursuant to Tex.R.App.P. 32.2 it is ORDERED that the Honorable Todd L. Kassaw, Judge of the 159th District Court of Angelina County, shall immediately conduct a hearing to determine the cause of counsel's failure to file the Docketing Statement and whether the Appellant has abandoned the appeal.
It is FURTHER ORDERED that the trial court determine whether: (1) Appellant is indigent and entitled to the appointment of counsel on appeal; (2) Appellant has sufficient funds to retain counsel; or (3) Appellant desires to represent himself on appeal.
It is ADDITIONALLY ORDERED that once findings are made as to the above issues, the trial court shall appoint counsel, give Appellant an appropriate deadline for retaining counsel, or administer the appropriate warnings concerning the dangers of self-representation, in accordance with its findings and the court shall also take necessary action to insure the prompt filing of the Docketing Statement with this Court.
It is FINALLY ORDERED that a supplemental record containing the court's findings of fact and conclusions of law and any appropriate order(s) attendant thereto be certified to this Court on or before Monday, November 20, 2023.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12thCourt of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 6th day of November 2023, A.D.