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Escobar v. State

Court of Appeals of Texas, First District

January 17, 2014

Jesus Escobar
v.
The State of Texas

On Appeal from the County Court at Law No. 7 of Harris County, Texas Trial Court Cause No. 1853071

ORDER OF ABATEMENT

Harvey Brown, Justice.

On January 15, 2014, Counsel for Jesus Escobar filed a Motion to Withdraw as Counsel and a Motion for Extension of Time to File Reporter's Record. Counsel indicates that Escobar's financial situation has changed and he is unable to pay fees for her services, or for the reporter's record.

We do not have jurisdiction to appoint appellate counsel. As such, we abate this appeal and remand the case to the trial court for a hearing within 30 days from the date of this order at which appellant and counsel shall be present in person. The court coordinator of the trial court shall set a date for said hearing and notify the parties, including appellant. If appellant is now incarcerated, he may appear by closed video teleconference.[1] We direct the trial court to make appropriate written findings of fact and conclusions of law and to execute any necessary orders on these issues:

1) Whether appellant still wishes to pursue this appeal;
2) If so, whether to allow Heather Lytle to withdraw;
3) Whether appellant is now indigent and entitled to appointed counsel; and, if indigent,
a. appoint counsel on appeal, and
b. order the court reporter to file the reporter's record with this Court at no cost to appellant;
4) If appellant is not indigent:
a. whether he has retained an attorney to file a brief, and, if so, obtain the name, address, and telephone number of retained counsel;
b. if appellant has not retained counsel, the trial court shall admonish appellant of the dangers and disadvantages of self-representation, and
i. determine whether appellant is knowingly and intelligently waiving his right to counsel; or,
ii. if appellant does not wish to proceed pro se, provide a deadline by which appellant ...

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