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John Eric Trevino v. State
Citation: Not availableDocket: 07-07-00296-CR
Court: Court of Appeals of Texas; January 17, 2008; Texas; State Appellate Court
Original Court Document: View Document
Appellant John Eric Trevino challenges his conviction for possession of a controlled substance with intent to deliver in a drug-free zone. The appellate process faced delays, with the clerk’s record filed on June 15, 2007, and the reporter’s record on October 17, 2007. Appellant's brief was due on November 16, 2007, but no brief or extension was filed by the deadline. A motion for extension was granted, allowing additional time until December 17, 2007, yet no filings occurred. The appeal is abated and remanded to the 33rd District Court of San Saba County for a hearing to address three key issues: 1) appellant's indigency, 2) his desire to pursue the appeal, and 3) whether he has been denied effective assistance of counsel due to the failure to file a timely brief. This process is guided by the precedent set in Evitts v. Lucey, establishing the right to effective counsel for indigent defendants on their first appeal. The trial court is instructed to provide findings of fact and conclusions of law regarding these matters. If the court finds that Trevino is indigent, wishes to continue the appeal, and has not received effective assistance, new counsel will be appointed to represent him. The trial court must also prepare a supplemental clerk's record and a reporter's record of the hearing, both to be filed by February 18, 2008, with the option to request additional time if necessary.