Opinion
CAUSE NO. 12-17-00081-CR
04-21-2017
TIMOTHY ALAN WELDY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 173RD DISTRICT COURT IN AND FOR HENDERSON COUNTY, TEXAS
ORDER
Appellant is pro se on appeal. On March 20, 2017, this Court notified Appellant that a Docketing Statement was to be filed and gave him until March 30, 2017, to file it. TEX. R. APP. P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant was again notified on March 31, 2017, that the Docketing Statement was past due and was given until April 10, 2017, 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 Dan Moore, Judge of the 173rd District Court of Henderson County, shall immediately conduct a hearing to determine the cause of Appellant'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 May 22, 2017.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12 Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the 21st day of April 2017, A.D.
PAM ESTES, CLERK
12 COURT OF APPEALS
By: /s/_________
Katrina McClenny, Chief Deputy Clerk