Michael Ray Ferguson v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00336-CR
MICHAEL RAY FERGUSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law
Navarro County, Texas
Trial Court No. C37620-CR
ABATEMENT ORDER
Michael Ray Ferguson was convicted of possession of a controlled substance with
the intent to deliver. See TEX. HEALTH & SAFETY CODE ANN. § 481.112 (West 2017). The
record in this appeal has not yet been filed. We have been provided documentation by
the trial court, however, that indicates Ferguson was represented by counsel at trial and
that counsel filed a notice of appeal. However, in response to a letter from the Clerk of
this Court notifying counsel that a docketing statement was past due, counsel informed
the Court that counsel does not represent Ferguson on appeal.
Because we have no record, we have no indication whether counsel was initially
appointed to represent Ferguson, and if so, whether counsel has withdrawn from
representing Ferguson or whether new counsel has been appointed to represent Ferguson
on appeal.
Accordingly, this appeal is abated to the trial court to determine whether Ferguson
is indigent, whether counsel was appointed to represent Ferguson and continues to
represent Ferguson on appeal or has withdrawn, and if Ferguson is indigent and not
currently represented by counsel, whether to appoint new counsel for Ferguson. See TEX.
CODE CRIM. PROC. ANN. arts. 1.051, 26.04 (West 2005 & 2009). If necessary, a hearing to
make these determinations should be held within 14 days from the date of this order. The
Clerk’s and Reporter’s Records containing the trial court’s written or oral findings and
rulings, if any, are ordered to be filed within 21 days from the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed December 19, 2018
Ferguson v. State Page 2