Case Information

*0 FILE COPY *1 FILE COPY CAUSE NO. 12-17-00342-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

JUAN CARLOS MORALES-SIERRA, } APPEALED FROM 294TH DISTRICT

APPELLANT

V. } COURT IN AND FOR

THE STATE OF TEXAS, } VAN ZANDT COUNTY, TEXAS

APPELLEE

ORDER

Appellant is represented by Mr. Dan Wood, Jr., appointed counsel. On November 2,

2017, this Court notified Appellant’s counsel that a Docketing Statement was to be filed and

gave him until November 14, 2017, 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 November 15, 2017,

that the Docketing Statement was past due and was given until November 27, 2017, to file a

Docketing Statement. A docketing statement was previously presented for filing; however, it

was not signed properly in accordance with Tex. R. App. P. 9.1(c)(1). 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 Teresa Drum, Judge

of the 294th District Court of Van Zandt 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 2, 2018 .

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 1st

day of December 2017, A.D.

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