Spain v. State

Full title: ROBERT HOWARD SPAIN, JR., APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court: COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Mar 8, 2019

CAUSE NO. 12-18-00257-CR (Tex. App. Mar. 8, 2019)

Opinion

CAUSE NO. 12-18-00257-CR CAUSE NO. 12-18-00258-CR CAUSE NO. 12-18-00259-CR CAUSE NO. 12-18-00260-CR

03-08-2019

ROBERT HOWARD SPAIN, JR., APPELLANT v. THE STATE OF TEXAS, APPELLEE

KATRINA MCCLENNY, CLERK

APPEALED FROM 294TH DISTRICT COURT IN AND FOR VAN ZANDT COUNTY, TEXAS

ORDER

Appellant is represented by Mr. James W. Huggler, Jr., appointed counsel. Pursuant to TEX. R. APP. P. 38.6(d), counsel was notified on February 6, 2019, that the time to file his brief was extended until March 4, 2019, and that no further extensions would be entertained by the Court. No satisfactory response has been received.

Pursuant to TEX. R. APP. P. 38.8(b)(3), it is ORDERED that Honorable Teresa Drum, Judge of the 294th District Court of Van Zandt County, Texas, shall immediately conduct a hearing to determine (1) whether the appellant still desires to prosecute his appeals; (2) whether the appellant is indigent and either needs counsel appointed, or appellant's counsel has abandoned the appeal; or (3) if the appellant is not indigent, whether a brief has not been completed because retained counsel has either abandoned the appeal or because appellant has failed to make necessary arrangements for filing a brief; and (4) when appellant's counsel anticipates that the appellant's brief, if a brief is to be filed, will be completed.

It is FURTHER ORDERED that the judge shall (1) make appropriate findings as to the above set forth issues and (2) cause a record of the proceedings to be prepared.

It is ADDITIONALLY ORDERED that once findings are made as to the above set forth issues, if appellant is indigent, the judge shall (1) take such measures as may be necessary to assure appellant's effective representation, which may include the appointment of new counsel and (2) make recommendations to this Court regarding a proper filing date for the appellant's brief.

It is FINALLY ORDERED that the supplemental clerk's record (including any orders and findings) and the reporter's record of said hearing be filed with the Clerk of this Court on or before April 8, 2019.

WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12^th Court of Appeals District, Tyler, Texas.

GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 8th day of March 2019, A.D.

Respectfully yours,

/s/_________

KATRINA MCCLENNY, CLERK