Opinion
04-24-00357-CR
12-03-2024
Carl Robert TOLER, Appellant v. The STATE of Texas, Appellee
From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 8517 Honorable Albert D. Pattillo, III, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
Appellant's brief in this appeal was originally due by November 20, 2024, but it was not filed. We notified appellant of the deficiency. See Tex. R. App. P. 38.8(b)(2). In our notice, we cautioned appellant if we did not receive an adequate response, we would abate this appeal to the trial court for an abandonment hearing. See id. Appellant did not file a response. Therefore, pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), we abate this case to the trial court and order the trial court to conduct a hearing to answer the following questions:
1. Does appellant desire to prosecute his appeal?
2. Is appellant indigent?
a. If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
b. If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief.
The trial court may, in its discretion, receive evidence on the first two questions by sworn affidavit from appellant.
We order the trial court to file its written findings of fact and conclusions of law with the trial court clerk no later than December 23, 2024. We order the trial court clerk to file a supplemental clerk's record in this court no later than January 2, 2025. We further order the court reporter to file in this court a supplemental reporter's record of the hearing, along with copies of any documentary evidence admitted, no later than twenty days after the date of the hearing.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of December, 2024.