Jeremy Wade Pue v. The State of Texas Appeal from 207th District Court of Comal County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-19-00247-CR JEREMY WADE PUE, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 207th District Court Comal County, Texas Trial Court No. CR2008-214, Honorable Jack H. Robison, Presiding July 29, 2019 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. Appellant Jeremy Wade Pue appeals his conviction for evading arrest with a vehicle. The appellate record is due September 12, 2019. Appellant’s retained trial counsel, Mr. Richard Langlois, filed a motion to abate the appeal and remand the cause to the trial court to appoint appellate counsel. In his motion, counsel states that he was retained by appellant as trial counsel, but that appellant “does not have financial ability to afford payment for the record on appeal or to retain counsel on appeal.” The motion also indicates that counsel has filed a motion to withdraw and a motion to appoint appellate counsel with the trial court. Because appellant may be indigent and entitled to appointed counsel on appeal, we grant the motion, abate the appeal, and remand the cause to the 207th District Court of Comal County (trial court) for further proceedings. See TEX. CODE CRIM. PROC. ANN. art. 1.051(d)(1) (West 2005). Upon remand, the trial court shall determine the following: 1. whether appellant still desires to prosecute the appeal; 2. whether appellant is indigent; 3. whether appellant’s retained counsel should be allowed to withdraw; 4. whether new appellate counsel should be appointed; and 5. whether appellant is entitled to have the clerk’s record and reporter’s record furnished without charge. The trial court is also directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a supplemental record and cause that record to be filed with this court by August 29, 2019. If it is determined that appellant desires to proceed with the appeal, is indigent, and is entitled to the appointment of counsel, the trial court may appoint him new counsel; the name, address, email address, and phone number of any new counsel appointed shall be included in the aforementioned findings. Should further time be needed to perform these tasks, then same must be requested before August 29, 2019. It is so ordered. Per Curiam Do not publish. 2
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