Ricky Nelson Goodwin v. State

Court of Appeals of Texas

Ricky Nelson Goodwin v. State

DecidedFebruary 16, 2012

Docket14-11-00345-CR

StatusPublished

This text of Ricky Nelson Goodwin v. State (Ricky Nelson Goodwin 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.

Bluebook

Ricky Nelson Goodwin v. State, (Tex. Ct. App. 2012).

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Opinion

Continuing Abatement Order filed February 16, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00345-CR ____________

RICKY NELSON GOODWIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 3 Harris County, Texas Trial Court Cause No. 9825856

CONTINUING ABATEMENT ORDER

Appellant is not represented by counsel on appeal and the reporter's record has not been filed. We therefore abated this appeal and directed the trial court to determine whether appellant is entitled to appointment of counsel and to proceed without the payment of costs.

We ORDER the judge of County Criminal Court at Law No. 3 to immediately conduct a hearing at which appellant and counsel for the State shall be present to determine whether appellant desires to prosecute his appeal, and, if so, whether appellant is indigent and, thus entitled to appointed counsel and a free record. The judge shall appoint appellate counsel for appellant, if necessary. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions.

A record of the hearing was filed but the supplemental clerk's record containing the trial court's findings and conclusions haS not been filed. The hearing record reflects appellant did not appear. The trial court did not find on the record that appellant has abandoned his appeal. Accordingly, we enter the following order.

We ORDER the judge of County Criminal Court at Law No. 3 shall make findings of fact and conclusions of law and shall order the trial clerk to forward a record of the supplemental clerk's record containing those findings and conclusions. Those records shall be filed with the clerk of this court within 30 days.

PER CURIAM

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Continuing Abatement Order filed February 16, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00345-CR ____________

RICKY NELSON GOODWIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 3 Harris County, Texas Trial Court Cause No. 9825856

CONTINUING ABATEMENT ORDER

Appellant is not represented by counsel on appeal and the reporter's record has not been filed. We therefore abated this appeal and directed the trial court to determine whether appellant is entitled to appointment of counsel and to proceed without the payment of costs.

We ORDER the judge of County Criminal Court at Law No. 3 to immediately conduct a hearing at which appellant and counsel for the State shall be present to determine whether appellant desires to prosecute his appeal, and, if so, whether appellant is indigent and, thus entitled to appointed counsel and a free record. The judge shall appoint appellate counsel for appellant, if necessary. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions.

A record of the hearing was filed but the supplemental clerk's record containing the trial court's findings and conclusions haS not been filed. The hearing record reflects appellant did not appear. The trial court did not find on the record that appellant has abandoned his appeal. Accordingly, we enter the following order.

We ORDER the judge of County Criminal Court at Law No. 3 shall make findings of fact and conclusions of law and shall order the trial clerk to forward a record of the supplemental clerk's record containing those findings and conclusions. Those records shall be filed with the clerk of this court within 30 days.

PER CURIAM

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Ricky Nelson Goodwin v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricky-nelson-goodwin-v-state-texapp-2012.