(Download) "Herbert R. Ashcraft v. State Texas" by Second District, Fort Worth No. 2-90-116-CR Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Herbert R. Ashcraft v. State Texas
- Author : Second District, Fort Worth No. 2-90-116-CR Court of Appeals of Texas
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Herbert R. Ashcrart appeals from the trial court's determination that he was guilty of injury to a child. See TEX. PENAL CODE
ANN. Γ§ 22.04(a)(4) (Vernon Supp. 1991). The trial court assessed appellant's punishment at four years in the penitentiary,
probated. After the record was filed in this court, but before Ashcraft's brief was due to be filed, we received information that his
attorney had died. Therefore, we abated this appeal to the trial court for a hearing to determine whether Ashcraft desired
to continue his appeal and for appointment of new counsel, if necessary. The trial court sent a letter to Ashcraft, advising
him of the time and date of the hearing on abatement, but the letter was returned, marked "NO SUCH ADDRESS." The trial court
then scheduled another hearing, and sent a copy of the notice letter to Ashcraft at three separate addresses. Ashcraft did
not appear at the hearing, but he called the trial court coordinator after the time scheduled for the hearing. The court coordinator
told Ashcraft to be in court the following Monday morning, but he failed to appear. The trial court concluded that appellant
had abandoned his appeal.