Opinion
No. 10-12-00279-CR
11-08-2012
ARRON THOMPSON, Appellant v. THE STATE OF TEXAS, Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 35783CR
ABATEMENT ORDER
In August 2011, appellant, Arron Thompson, was determined to be indigent and attorney Mary Lou Shipley was appointed to represent him in the trial court. However, on July 11, 2012, prior to trial in this matter, Thompson signed a waiver of his right to counsel in the trial court. Thompson was subsequently convicted of the charged offense and sentenced 730 days in a state-jail facility, though the Clerk's Record indicates that Shipley assisted Thompson as standby counsel. Nevertheless, the Clerk's Record does not demonstrate that Thompson was appointed appellate counsel or that he waived his right to counsel on appeal. On July 23, 2012, Thompson filed a pro se notice of appeal in the trial court. He has also filed numerous other items in this Court, none of which have been properly served on all parties to the appeal. See TEX. R. APP. P. 9.5.
An eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in an appeal to the court of appeals. See TEX. CODE CRIM. PRO. ANN. art. 1.051(d)(1) (West Supp. 2012). We abate this appeal to the trial court to conduct any necessary hearings for a determination of Thompson's indigence and whether counsel should be appointed.
Any hearing should be held within 28 days of the date of this Order. The supplemental clerk's and reporter's records required by the rule, if any, are ordered to be filed within 42 days of the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Do not publish
[CR25]