Sadler John Hair v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-23-00372-CR

SADLER JOHN HAIR, APPELLANT V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 106th District Court Garza County, Texas

Trial Court No. 18-3060, Honorable Reed A. Filley, Presiding

October 25, 2023

ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Sadler John Hair, proceeding pro se, appeals from the trial court’s judgment revoking his community supervision for the offense of possession of a controlled substance1 and sentencing him to ten years’ confinement. We abate the appeal and remand the cause to the trial court for further proceedings. Upon remand, the trial court shall also determine whether (1) Appellant still desires to prosecute the appeal, and (2)

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(C).

whether Appellant is indigent and entitled to appointed counsel. See TEX. CODE CRIM. PROC. ANN. art 1.051(d)(1).

The trial court shall enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a supplemental clerk’s record and cause that record to be filed with the Clerk of this Court by November 27, 2023. If it is determined that Appellant desires to proceed with the appeal, is indigent, and is entitled to appointed counsel, the trial court shall appoint counsel; the name, address, email address, phone number, and state bar number of any newly appointed counsel shall be included in the aforementioned findings.

Additionally, a certification of Appellant’s right of appeal is included in the clerk’s record but the document is not signed by the trial court. See TEX. R. APP. P. 25.2(a)(2), (d). Thus, the trial court is also directed to file an amended, signed certification and include it in the supplemental clerk’s record filed with the Court on or before November 27, 2023.

It is so ordered.

Per Curiam

Do not publish.