### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 24
- 00137
- CR

Kevin Edward Martin , Appellant

v. The State of Texas , Appellee

FROM THE 20TH DISTRICT COURT OF MILAM COUNTY NO. CR27,644 , THE HONORABLE JOHN YOUNGBLOOD , JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N

PER CURIAM The reporter ’ s record in this appe al was due for filing in this Court on April 24, 2024. On April 11, 2024, the court reporter informed us that the record had not be en

r equested . On May 1, 2024, we ordered appellant through his appointed counsel to provide written veri fication that a req uest for p reparation of the reporter ’ s record had b een made and advised that if the verificati on were not received , we would conside r th e appeal without the reporter ’ s record. To date, no response has been received , and the reporter ’ s record has not been filed

. Further , the clerk ’ s record in this appea l was due on April 29 , 202 4, and on
Ma y 7, 2024 , we received a status report from th e trial cour t clerk stating that appoint ed counsel ha d not contacted the clerk ’ s office to proceed with the ap peal. On May 7, 20 24, we sent a letter to counsel ordering appella nt to provi de us with e ither w ritten verification that arrangements for2 the cl e rk ’ s record had been made or written d ocument ation that appellant ha s been found indigent. W e also informed appellant t hat fa ilur e t o c omply with the order could result in dismissal of the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). As wi th our order regarding the report e r ’ s record, no response or r ecord has been received. The District Clerk’s Information Sheet reflects that appellant has been appointed counsel on appeal. Counsel has not filed a motion to with draw

. In criminal proc eed ings, an indigent defendant is entitled to have an attorney appointe d to represent him on appeal. Tex. Code Crim. Proc. art. 1.051(d)(1). Additionally, an indigent defendant is entitled to a free record on appeal. See Tex. R. App. P. 20.2. T he
L egis lat ure has given the trial cou rt the responsibility of appointing counsel in criminal proceedings. Tex. Code Crim. Proc. arts. 1.051(d), 26.04(j)(2). When counsel is appo inted by a trial court to represent an indigent defendant on appe al, it is generally th e trial court ’ s responsibi l ity to relieve or replace counsel. See Enriquez v. State , 999 S.W.2d 906, 907 (Tex. App.

— Waco 1999, no pet.); Williamson v. State , No. 13

– 12

– 0 0672

– CR, 2013 WL 363677, at *1 (Tex. App.

— Austin Jan. 25, 2013, no pet.) (mem. op., no t designated for publicati o n).

Accordingly, the appeal is abated and reman ded to the trial court , whic h shall conduct a hearing to determine whether appellant desires to prosecute this appeal, whether appellant is indigent, and, if so, whether counsel has abandoned this appea l. T he court shall make appropriate writ ten findings and recommendations. See Tex. R. App. P

. 37.3(a)(2) (appellate court must make whatever order is appropriate to avoid further delay and preserve parties ’ rig hts when record has not been timely filed); id. R . 35 .3(c) (appellate court must allow record t o be filed late when delay is not appellant ’ s fault). If necessary, the court shall appoint substitute counsel to represent appellant in this appeal. See id. R . 38.8(4) (appellat e cou rt may3 act appropriately to ensure appellant ’ s rights a re protected when appellant is represented by counsel). Following the hearing, which shall be transcribed, the trial court shall order the appropriate supplemental clerk ’ s and reporter ’ s records

— inclu ding all fi ndings and ord ers

— to be prepared and forwarde d to this Court no later than Ju ly 8 , 20 24

. It is so ordered June 5 , 2024

.

Before Chief Justice Byrne, Justices Smith and Theofanis Abated and Remanded Filed: June 5 , 2024 Do Not Publish