Cosme Ochoa Galvan v. The State of Texas--Appeal from 91st District Court of Eastland County

11th Court of Appeals

Eastland, Texas

Order

Cosme Ochoa Galvan

Appellant

Vs. No. 11-01-00309-CR -- Appeal from Eastland County

State of Texas

Appellee

The brief on appellant's behalf was due to be filed in this court on or before December 10, 2001. A satisfac tory response to our letter of January 4, 2002, stating that appellant's brief has not been filed has not been received. Pursuant to TEX.R.APP.P. 38.8(b)(1), this court may not proceed without an appellant=s brief unless the trial court makes one of the two determinations specified in TEX.R.APP.P. 38.8(b)(4).

Therefore, the trial court is directed to conduct a hearing in compliance with TEX.R.APP.P. 38.8(b) to determine the following:

1. Whether appellant desires to prosecute his appeal;

2. Whether appellant is indigent;

3. If indigent, does appellant have effective representation by counsel or does counsel need to be appointed; and

4. If not indigent, has retained counsel abandoned the appeal.

The trial court is requested to make appropriate findings and recommendations. If it is determined that appellant has abandoned his appeal or that appellant is not indigent and has failed to make necessary arrangements for filing a brief, the trial court is directed to make specific findings in order that the appeal may be submitted on the record pursuant to TEX.R.APP.P. 38.8(b). If it is determined that appellant is indigent and is exercising his right to represent himself, the trial court must develop evidence as to whether appellant=s decision to proceed without counsel is knowingly and intelligently made and enter findings of fact and conclusions of law. Faretta v. California, 422 U.S. 806 (1975); Ex parte Davis, 818 S.W.2d 64 (Tex.Cr.App.1991); Hubbard v. State, 739 S.W.2d 341 (Tex.Cr.App.1987); Webb v. State, 533 S.W.2d 780 (Tex.Cr.App.1976).

The clerk of the trial court is directed to prepare and forward to this court a supplemental clerk=s record containing the findings, recommendations, and any orders of the trial court. The court reporter is directed to prepare and forward to this court the reporter=s record from the hearing. The supplemental records are due to be filed in this court on or before March 1, 2002.

The appeal is abated.

PER CURIAM

January 31, 2002

Do not publish. See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.