Jesus Antu v. State
This text of Jesus Antu v. State (Jesus Antu v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Before REAVIS and CAMPBELL, JJ. and BOYD, S.J. (1)
Following an open plea of guilty, appellant Jesus Antu was convicted of driving while intoxicated, enhanced, and punishment was assessed at five years confinement and a $2,000 fine. Although trial counsel was retained, appellant filed a pro se notice of appeal. Both the clerk's record and reporter's record have been filed. Appellant's brief was due to be filed on May 18, 2005, but has yet to be filed. Also, no motion for extension of time has been filed. On May 31, 2005, appellant was notified of the defect and also directed to file either his brief or a response by June 10, 2005. Appellant did not respond and the brief remains outstanding.
Therefore, we now abate this appeal and remand the cause to the trial court for further proceedings pursuant to Rule 38.8(b)(2) and (3) of the Texas Rules of Appellate Procedure. Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:
1. whether appellant desires to prosecute the appeal; and
2. whether appellant is indigent and entitled to appointed counsel.
The trial court shall cause a hearing to be transcribed. Should it be determined that appellant does want to continue the appeal and is indigent, then the trial court shall also take such measures as may be necessary to assure appellant effective assistance of counsel, which measures may include the appointment of counsel. If counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in the order appointing new counsel. Finally, the trial court shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforementioned issues, and cause its findings and conclusions to be included in a supplemental clerk's record. A supplemental record of the hearing shall also be included in the appellate record. Finally, the trial court shall file the supplemental clerk's record and the supplemental reporter's record with the Clerk of this Court by Friday, July 29, 2005.
It is so ordered.
Do not publish.
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.
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NO. 07-10-00089-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JULY 15, 2010
DESIGNER TREE SERVICE AND DION MAEDA, APPELLANTS
v.
YASMINE BRECHEEN, APPELLEE
FROM THE 181ST DISTRICT COURT OF POTTER COUNTY;
NO. 96,534-B; HONORABLE RICHARD DAMBOLD, JUDGE
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Appellants, Designer Tree Service and Dion Maeda, filed a motion to dismiss their appeal. In the motion, counsel for appellants states he conferred with counsel for appellee about the merits of the motion and counsel for appellee agrees.
The motion to dismiss is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Costs of the appeal are taxed against the party incurring them.
Having dismissed the appeal at appellants request, we will not entertain a motion for rehearing and our mandate will issue forthwith.
James T. Campbell
Justice
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