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McKind v. State

Court of Appeals of Texas, Twelfth District, Tyler

January 3, 2014

TOCARRA MCKIND A/K/A TOCARRA LOCKETT, DISTRICT COURT APPELLANT
v.
THE STATE OF TEXAS, APPELLEE

APPEALED FROM 420TH IN AND FOR NACOGDOCHES COUNTY, TEXAS

ORDER

Appellant is represented by Mr. Lee Westmoreland, appointed counsel. On November 21, 2013, this Court notified Appellant's counsel that a Docketing Statement was to be filed and gave him until December 2, 2013, to file it. Tex.R.App.P. 32.2. Thereafter, when no Docketing Statement was filed, Appellant's counsel was again notified on December 6, 2013, that the Docketing Statement was past due and was given until December 16, 2013, 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 Edwin A. Klein, Judge of the 420th 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 February 3, 2014.

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12thCourt of Appeals ...


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