Wilson v. State

445 S.W.2d 745, 1969 Tex. Crim. App. LEXIS 1136

Opinions

OPINION

BELCHER, Judge.

The offense is the unlawful possession of heroin (second offense); the punishment, life.

The record reflects that appellant was represented at his trial by retained counsel J. K. Chargois, a member of the Harris County Bar.

Following the judgment rendered on the jury’s verdict appellant retained William E. Steen, also a member of the Harris County Bar, who filed and presented a belated motion for new trial a principle ground being that appellant was denied the effective aid of counsel at his trial.

The motion for new trial and the evidence adduced thereon having been heard and the motion overruled, notice of appeal was given by Counsel William E. Steen on appellant’s behalf.

Notice by certified mail of the completion and later of the approval of the record on appeal was given to Counsel William E. Steen.

No brief has been filed in appellant’s behalf. Counsel Steen appears to have taken no action in regard to this appeal since appellant’s affidavit: “I am too poor to pay the costs of court in the above styled and numbered cause and I am unable to give security therefor,” was filed and the court ordered the court reporter to prepare and file the statement of facts.

Counsel Steen has advised the clerk of this Court by letter that he has “never been retained or appointed by the Court in connection with the appeal of this matter” and that as far as he was concerned he would not “appear for any oral arguments in the case or in any other capacity.”

In order that the trial judge may see that appellant is not denied the effective aid of counsel on appeal, we deem it appropriate that this appeal be abated and the record on appeal returned to the trial court for further proceeding in that court as though said record on appeal had not yet been approved.

It is so ordered.