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Pete Henry Clements v. State
Citation: Not availableDocket: 07-02-00412-CR
Court: Court of Appeals of Texas; March 31, 2003; Texas; State Appellate Court
Pete Henry Clements appeals his conviction for failing to register as a sex offender. The court outlines a series of missed deadlines for filing the appellant's brief, originally due on January 17, 2003, and subsequently extended multiple times. Despite being granted more than 90 days to prepare the brief, Clements' counsel failed to submit it, citing involvement in a capital murder trial as the reason. The court denied further extensions and decided to abate the appeal, remanding the case to the Criminal District Court of Jefferson County for a hearing to determine three key points: Clements' desire to continue the appeal, his indigency and entitlement to appointed counsel, and whether he has been denied effective assistance of counsel due to the failure to file the brief. The ruling references the case Evitts v. Lucey, confirming that an indigent defendant is entitled to effective assistance on their first appeal. Moreover, the trial court is instructed to issue findings of fact and conclusions of law regarding these issues. If it is determined that Clements wishes to pursue the appeal, is indigent, and has been denied effective assistance of counsel, the court must appoint new counsel and provide their contact details in its findings. Additionally, the court is tasked with developing a supplemental clerk’s record and a reporter’s record of the hearing, with a deadline to file these records by April 30, 2003. The order is not for publication.