Charles Wayne Hines v. State

• Court: Court of Appeals of Texas
• Decided: February 16, 2012
• Docket: 14-11-00249-CR
• Status: Published

Opinion

Abatement Order filed February 16, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00249-CR ____________

CHARLES WAYNE HINES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 56th District Court Galveston County, Texas Trial Court Cause No. 10CR0438

ABATEMENT ORDER

Appellant entered a plea of guilty to theft. The trial court deferred adjudication and placed appellant under community supervision for two years. Appellant filed a notice of appeal.

Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On January 3, 2012, we informed counsel his brief did not meet the requirements of Anders and directed him to file a brief that meets the requirements of Anders within thirty days or his brief would be stricken and the appeal abated for appointment of new counsel.

No response was filed. No brief has been filed. Accordingly, appellant's brief filed November 9, 2011, is ordered STRICKEN. Further, the case is abated and remanded to the trial court with instructions to appoint other counsel and have a supplemental clerk's record containing that appointment filed with the clerk of this Court within thirty days of the date of this order.

The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on this Court’s active docket when the trial court’s supplemental clerk’s record is filed with this Court.

PER CURIAM

Panel consists of Justices Seymore, Boyce and Christopher.