                             NUMBER 13-13-00130-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

DAVID WOOD,                                                                  Appellant,

                                            v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 319th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         ORDER ABATING APPEAL
               Before Justices Garza, Benavides, and Perkes
                             Order Per Curiam

       Appellant, David Wood, filed a notice of appeal from a conviction of assault. This

cause is before the Court on the State’s motion for abatement and remand. The State

indicates that the record fails to reflect a properly filed affidavit of indigency and that

appellant may not be entitled to an appointed attorney on appeal.
       If appellant is indigent, he has a right to appointment of appellate counsel.        See

TEX. CODE CRIM. PROC. ANN. art. 1.051(d)(1) (West Supp. 2010). Because the State has

indicated that appellant may not be indigent and the record fails to indicate whether

appellant is indigent, we GRANT the State’s motion.

       Accordingly, we ABATE and REMAND this cause to the trial court. Upon remand,

the trial court is directed to: (1) immediately cause notice to be given and conduct a

hearing to determine whether appellant is indigent; (2) determine whether appellant’s

court-appointed attorney should remain as appellant's counsel; (3) make and file

appropriate findings of fact and conclusions of law and cause them to be included in a

clerk's record; (4) cause the hearing to be transcribed and included in a reporter's record;

and (5) have these records forwarded to the Clerk of this Court within thirty days from the

date of this order. If the trial court requires additional time to comply, the trial court should

so notify the Clerk of this Court.

       It is so ordered.

                                                    PER CURIAM

Do not publish.
See TEX. R. APP. P. 47.2(b).

Delivered and filed the
17th day of March, 2014.




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