Nelsonv.State

Court of Appeals Fifth District of Texas at DallasMar 13, 2019
No. 05-18-00890-CR (Tex. App. Mar. 13, 2019)

No. 05-18-00890-CR

03-13-2019

CURTIS DEWIGHT NELSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 59th Judicial District Court Grayson County, Texas
Trial Court Cause No. 068322

ORDER

After we ordered the appeal submitted without a reporter's record, we ordered the trial court to hold a hearing on whether counsel had abandoned the appeal. On February 28, 2019, we received the supplemental clerk's record containing the trial court's findings. We ADOPT the trial court's February 20, 2019 findings that (1) appellant wishes to prosecute this appeal; (2) appellant is now indigent; (3) the trial court appointed counsel Donnie Jarvis who was appellant's retained counsel for trial; and (4) counsel has not abandoned the appeal and will contact the court reporter about filing the record.

We VACATE that portion of our November 26, 2018 order that ordered this appeal submitted without a reporter's record and ORDER the reporter's record filed by April 5 , 2019 .

We DIRECT the Clerk to send copies of this order to the Honorable Larry Phillips, Presiding Judge, 59th Judicial District Court; Cindy Bardwell, court reporter, 59th Judicial District Court, and to counsel for all parties.

/s/ ROBERT D. BURNS, III


CHIEF JUSTICE