Tommie Wayne Davis, Jr. v. the State of Texas

CAUSE NO. 12-22-00317-CR, 12-22-00318-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

TOMMIE WAYNE DAVIS, JR., } APPEALED FROM 114TH DISTRICT
APPELLANT

V. } COURT IN AND FOR

THE STATE OF TEXAS, } SMITH COUNTY, TEXAS
APPELLEE

ORDER
Appellant is represented by Mr. Robert R. Jones, retained counsel. On December 16,
2022, this Court notified Appellant’s counsel that a Docketing Statement was to be filed and
gave him until December 27, 2022, to file it. TEX. R. APP. P. 32.2. Thereafter, when no
Docketing Statement was filed, Appellant’s counsel was again notified on January 9, 2023, that
the Docketing Statement was past due and was given until January 19, 2023, to file a Docketing
Statement. As of the date of this Order, no satisfactory response has been received.
Pursuant to TEX. R. APP. P. 32.2 it is ORDERED that the Honorable Austin R. Jackson,
Judge of the 114th District Court of Smith County, shall immediately conduct a hearing to
determine the cause of counsel’s failure to file the Docketing Statement and whether the
Appellant has abandoned the appeal.
It is FURTHER ORDERED that the trial court determine whether: (1) Appellant is
indigent and entitled to the appointment of counsel on appeal; (2) Appellant has sufficient funds
to retain counsel; or (3) Appellant desires to represent himself on appeal.
It is ADDITIONALLY ORDERED that once findings are made as to the above issues,
the trial court shall appoint counsel, give Appellant an appropriate deadline for retaining counsel,
or administer the appropriate warnings concerning the dangers of self-representation, in
accordance with its findings and the court shall also take necessary action to insure the prompt
filing of the Docketing Statement with this Court.
It is FINALLY ORDERED that a supplemental record containing the court’s findings of
fact and conclusions of law and any appropriate order(s) attendant thereto be certified to this
Court on or before Wednesday, February 8, 2023.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th
Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this the
25th day of January 2023, A.D.

________________________________
KATRINA MCCLENNY, CLERK
12TH COURT OF APPEALS