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Wilburn v. State

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Oct 7, 2020
CAUSE NO. 12-20-00194-CR (Tex. App. Oct. 7, 2020)

Opinion

CAUSE NO. 12-20-00194-CR

10-07-2020

ROBERT WILBURN, APPELLANT v. THE STATE OF TEXAS, APPELLEE


APPEALED FROM 145TH DISTRICT COURT IN AND FOR NACOGDOCHES COUNTY, TEXAS

ORDER

Appellant is represented by Mr. John H. Tatum, II, appointed counsel. On August 12, 2020, this Court notified Appellant's counsel that a Docketing Statement was to be filed and gave him until August 24, 2020, to file it. TEX. R. APP. P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant's counsel was again notified on September 25, 2020, that the Docketing Statement was past due and was given until October 5, 2020, 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 Judge Campbell Cox II, Judge of the 145th District Court of Nacogdoches 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 Friday, November 6, 2020.

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 7th day of October 2020, A.D.

/s/_________

KATRINA MCCLENNY, CLERK

12 COURT OF APPEALS


Summaries of

Wilburn v. State

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Oct 7, 2020
CAUSE NO. 12-20-00194-CR (Tex. App. Oct. 7, 2020)
Case details for

Wilburn v. State

Case Details

Full title:ROBERT WILBURN, APPELLANT v. THE STATE OF TEXAS, APPELLEE

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

Date published: Oct 7, 2020

Citations

CAUSE NO. 12-20-00194-CR (Tex. App. Oct. 7, 2020)