William Edward Hughes v. The State of Texas--Appeal from 424th District Court of Blanco County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-07-00669-CR William Edward Hughes, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BLANCO COUNTY, 424TH JUDICIAL DISTRICT NO. CR952, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING MEMORANDUM OPINION Appellant William Edward Hughes was convicted of four counts of sexual assault of a child and assessed four consecutive twenty-year prison terms. His retained attorney at trial, Eddie Shell, signed and filed a notice of appeal on Hughes’s behalf. The reporter’s record has not been filed and is overdue. When notified by the Court, Shell replied in a letter that he was not retained for the appeal and does not know whether Hughes wishes to pursue the appeal. Having signed the notice of appeal, Shell is Hughes’s lead counsel on appeal. See Tex. R. App. P. 6.1(a). Shell’s letter to the Court does not comply with either rule 6.4 or 6.5. See Tex. R. App. P. 6.4 (nonrepresentation notice), 6.5 (withdrawal of counsel). To avoid further delays and protect the rights of the parties, the appeal is abated and the trial court is instructed to determine, following a hearing if necessary, if Hughes wishes to pursue the appeal and, if so, if Hughes is presently indigent. See Tex. R. App. P. 37.3. If the court finds that Hughes wishes to appeal and is indigent, it shall appoint counsel to represent Hughes in this appeal and order the preparation of the reporter’s record. Copies of all findings, conclusions, and orders, and a transcription of the reporter’s notes if a hearing is held, shall be tendered for filing in this Court no later than June 6, 2008. __________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Puryear and Henson Abated Filed: May 7, 2008 Do Not Publish 2

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