Paul T. Zurita v. The State of Texas

Summary

The First Court of Appeals of Texas abated the appeals because the reporter’s record had not been filed and appellant’s counsel had not demonstrated payment arrangements or indigency. The court remanded the matters for a hearing concerning appellant’s intent to pursue the appeals, representation, indigency, preparation of the reporter’s record, and related findings and recommendations.

Holdings

1. The appellate court abated the appeals and remanded them to the trial court for a hearing to determine whether appellant wished to pursue the appeals, whether counsel would continue representation, and whether appellant was indigent, with corresponding procedures for obtaining the reporter’s record.
2. If appellant is indigent, the trial court must appoint substitute appellate counsel when appropriate and order the court reporter to file the reporter’s record at no cost to appellant; if appellant is not indigent and counsel withdraws, the trial court must address waiver of counsel, self-representation, substitute counsel, and payment of the reporter’s record.

Questions Presented

1. Whether the appeals should be abated for a trial-court hearing concerning appellant’s intent to pursue the appeals, continued representation, indigency, and payment or preparation of the reporter’s record.
2. What procedures the trial court must follow if appellant is indigent or nonindigent and counsel withdraws.

Disposition

remanded