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Willie Henderson, Jr. v. State
12-15-00285-CR
| Tex. App. | Dec 23, 2015
|
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Case Information

*0 FILE COPY *1 FILE COPY CAUSE NO. 12-15-00285-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

WILLIE HENDERSON, JR., } APPEALED FROM 7TH DISTRICT COURT

APPELLANT

V. } IN AND FOR

THE STATE OF TEXAS, } SMITH COUNTY, TEXAS

APPELLEE

ORDER

Appellant is represented by Mr. Austin R. Jackson, appointed counsel. On November 25,

2015, this Court notified Appellant’s counsel that a Docketing Statement was to be filed and

gave him until December 7, 2015, to file it. T EX . R. A PP . P. 32.2. Thereafter, when no

Docketing Statement was filed, Appellant’s counsel was again notified on December 8, 2015,

that the Docketing Statement was past due and was given until December 18, 2015, to file a

Docketing Statement. As of the date of this Order, no satisfactory response has been received.

Pursuant to T EX . R. A PP . P. 32.2 it is ORDERED that the Honorable Kerry L. Russell,

Judge of the 7th District Court of Smith County, shall immediately conduct a hearing to

determine the cause of counsel’s failure to file the Docketing Statement and whether the

Appellant has abandoned the appeal.

It is FURTHER ORDERED that the trial court determine whether: (1) Appellant is

indigent and entitled to the appointment of counsel on appeal; (2) Appellant has sufficient funds

to retain counsel; or (3) Appellant desires to represent himself on appeal.

It is ADDITIONALLY ORDERED that once findings are made as to the above issues,

the trial court shall appoint counsel, give Appellant an appropriate deadline for retaining counsel,

or administer the appropriate warnings concerning the dangers of self-representation, in

accordance with its findings and the court shall also take necessary action to insure the prompt

filing of the Docketing Statement with this Court.

It is FINALLY ORDERED that a supplemental record containing the court’s findings of

fact and conclusions of law and any appropriate order(s) attendant thereto be certified to this

Court on or before January 22, 2016 .

WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12 th

Court of Appeals District of Texas, at Tyler.

GIVEN UNDER MY HAND AND SEAL OF SAID COURT , at my office this the

23rd day of December 2015, A.D.

PAM ESTES, CLERK 12 TH COURT OF APPEALS By: ________________________________ Katrina McClenny, Chief Deputy Clerk

Case Details

Case Name: Willie Henderson, Jr. v. State
Court Name: Court of Appeals of Texas
Date Published: Dec 23, 2015
Docket Number: 12-15-00285-CR
Court Abbreviation: Tex. App.
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