David Wayne Shelly v. State

• Court: Court of Appeals of Texas
• Decided: April 20, 2016
• Docket: 13-15-00578-CR
• Status: Published

Opinion

NUMBERS 13-15-00577-CR, 13-15-00578-CR, 13-15-00579-CR, 13-15-00580-CR & 13-15-00581-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

DAVID SHELLY, APPELLANT,

v.

THE STATE OF TEXAS, APPELLEE. ____________________________________________________________

On appeal from the 94th District Court of Nueces County, Texas. ____________________________________________________________

ORDER OF ABATEMENT Before Justices Benavides, Perkes, and Longoria Order Per Curiam

Appellant, David Shelly, has filed a notice of appeal with this Court from his

convictions in trial court cause numbers 15CR2078-C, 15-CR-1660-C, 15CR1659-C,

15-CR-0885-C, and 15CR526-C. The trial court's certifications of the defendant's right to appeal shows that the defendant does not have the right to appeal. See TEX. R. APP.

P. 25.2(a)(2).

On February 23, 2016, we ordered appellant's counsel, Ruben Lerma Jr., to, within

thirty days, review the record and advise this Court as to whether appellant has a right to

appeal. See TEX. R. APP. P. 44.3, 44.4. No response to this Court's order has been

received. Therefore, we ABATE this appeal and REMAND this cause to the trial court

for a hearing to determine why counsel has failed to comply with this Court's order. The

trial court's findings and conclusions shall be included in a supplemental clerk's record.

The trial court shall file the supplemental clerk's record and reporter's record, if any, with

the Clerk of this Court within thirty days of the date of this order.

If the trial court determines that counsel is unable to represent appellant in this

matter, the trial court shall conduct a hearing to determine whether appellant desires to

prosecute the appeal, whether appellant is indigent, and whether appellant is entitled to

appointed counsel. See Penson v. Ohio, 488 U.S. 75, 83-84 (1988); Stafford v. State,

813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We further direct the trial court to issue

findings of fact and conclusions of law regarding these issues. Should the trial court find

that appellant desires to pursue this appeal, is indigent, and is entitled to appointed

counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address,

email address, telephone number, and state bar number of said counsel shall be included

in the trial court's findings of fact and conclusions of law.

PER CURIAM

2 Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 20th day of April, 2016.