1. Bexar County Appellate Public Defender’s Office (BCAPDO) Regional Pilot Project: Adventures in Regional Appellate Representation

2. Fourth Court of Appeals Region

3. Overview of the Fourth Court of Appeals District The Fourth Court of Appeals District is comprised of the following 32 counties: AtascosaGillespieKinneyStarr BanderaGuadalupeLa SalleSutton BexarJim HoggMasonUvalde BrooksJim WellsMaverickVal Verde DimmitKarnesMcMullenWebb DuvalKendallMedinaWilson EdwardsKerrMenardZapata FrioKimbleRealZavala

4. Fourth Court Counties with the Most Criminal Appeals, 2004-2006 COUNTY200420052006 Bexar352323310 Atascosa24217 Guadalupe6129 Webb859 Kendall926 Kerr766 Medina563 Val Verde536 Karnes277 Gillespie414

5. Project Upstart Overview March 9, 2007: The Task Force on Indigent Defense approved the BCAPDO’s Application for Technical Support, awarding the Office $200,000 to embark on the Regional Pilot-Project April 24, 2007: The Bexar County Commissioners Court signed a required resolution to obtain technical support funds: the Pilot Project officially began. April 24, 2007: The BCAPDO mailed an introductory letter to the County Judge, Commissioners, Judicial District Court Judges, and County Court Judges in each of the counties in the Fourth Court of Appeals District (not including Bexar).

6. Obstacles Encountered in Enlisting the Participation of Counties in our (Entirely Free!) Pilot Project: County officials repeatedly lost the informational materials we mailed. County Officials in the smaller counties in particular felt involvement was unnecessary because they rarely had criminal appeals (one county was adamant that they hadn’t had a criminal appeal in ten years). A handful of counties were concerned that they would be obligated to continue with the services of the BCAPDO beyond the pilot period, despite the terms of the interlocal agreement, which states that continued participation is desired but not obligatory. It was difficult to get in contact with the County Judges in almost all of the counties to discuss their hesitations.

7. 29 Counties Ultimately Signed Interlocal Agreements The BCAPDO submitted the signed interlocals to the Bexar County Commissioners Court in groups as they were returned to our office. Therefore, the dates on which these contracts went before Commissioners Court speak to the relative speed with which different counties returned them to us. Interlocals Approved by the Bexar County Commissioners Court on June 5, 2007: Frio, Jim Hogg, Kimble, Mason, Guadalupe, McMullen, Val Verde, Brooks, Zavala July 10, 2007: Medina, Starr, Atascosa, Sutton, Uvalde, Real, Dimmit, Kendall, Bandera, Jim Wells, Duval July 24, 2007: Webb, Karnes, Maverick, La Salle September 11, 2007: Menard, Kerr, Zapata, Gillespie, Wilson

8. Overview of Regional Appellate Appointments Received To Date Our first appointment came from Atascosa County. A single appellant was appealing his convictions in four different cause numbers that were tried together. The appellant was convicted of the following offenses: aggravated assault against a public servant WDW (sentence, 60 years TDCJ), possession of cocaine with intent to deliver (sentence, 60 years TDCJ), Evading (sentence, 15 years TDCJ), and a second offense of aggravated assault against a public servant WDW (sentence, 60 years TDCJ). Appellant filed Notices of Appeal in each of these cases on January 24, 2007. The BCAPDO was appointed on June 20, 2007. By August 17, 2007 we had received all the clerk’s records and reporter’s records filed in these cases. We are still working on the appellate brief and have been granted an extension in our time to file. The brief is due October 20, 2007.

9. The second appointment was from Guadalupe County. The appellant plead to theft of property and was sentenced to two years in State Jail. Appellant filed a Notice of Appeal on June 5, 2007 and the BCAPDO was appointed on June 18, 2007. By September 14, 2007 we had received all the relevant records on this case in the mail, and on October 8, 2007 we mailed a brief to the Seventh Court of Appeals for filing (this case was transferred to the Seventh Court just as the BCAPDO was appointed). Our third appointment was from Guadalupe County as well. Appellant was convicted of aggravated sexual assault and sentenced to 99 years in TDCJ. Appellant filed a Notice of Appeal on April 25, 2007, and the BCAPDO was appointed on June 15, 2007. To date we have received one volume of the clerk’s record in the mail, and the court reporter has yet to file her record of the trial. Our fourth appointment was from Jim Wells County. The appellant was convicted of enticing a minor and was sentenced to 18 months probation and a $500 fine. A Notice of Appeal was filed on July 6, 2007 and the BCAPDO was appointed on July 9, 2007. On October 11, 2007 we received a copy of the court reporter’s record. We have not received the clerk’s record and a due date has not been issued for the brief.

10. Our fifth appointment came from Starr County. A single appellant was appealing his convictions in two separate cases that were tried together. Appellant was convicted of Robbery, for which he was sentenced to 20 years in TDCJ, and aggravated assault WDW, for which he received a sentence of life in TDCJ. Notices of Appeal were filed on June 21, 2007 and the BCAPDO was appointed on July 25, 2007. We received a copy of the court reporter’s record via mail on August 28, 2007. The clerk’s record has not been filed yet. Our sixth appointment was from Atascosa County. Appellant was convicted of intoxication assault-aggravated assault (3 rd degree enhanced), and was sentenced to 15 years in TDCJ. A Notice of Appeal was filed on June 5, 2006 and the BCAPDO was appointed on July 30, 2007. On September 6, 2007 we received copies of nearly all of the clerk’s records, and all of the court reporter’s records, filed in this case. On September 20, 2007 we received a copy of the supplemental clerk’s record filed via mail. We filed a brief on September 28, 2007.

11. Our seventh appointment was from Bandera County. Appellant was convicted of possession of a controlled substance and sentenced to one year in State Jail and then placed on probation. A Notice of Appeal was filed on April 26, 2007, and the BCAPDO was appointed on August 29, 2007. On September 17, 2007 we received 3 volumes of clerk’s records on this case in the mail. On September 21, 2007 we received a record of the post-conviction indigency hearing that was held in this case. No further court reporter’s records have been filed. Our eighth appointment was from Kimble County. Appellant was convicted of aggravated sexual assault and sentenced to 15 years in TDCJ. A Notice of Appeal was filed on June 18, 2007 and the BCAPDO was appointed on August 30, 2007. We received two volumes of the clerk’s record via mail on September 17, 2007, and ten volumes of the court reporter’s record on October 15, 2007. The appellate brief is due on November 13, 2007.

12. Our ninth appointment was from Webb County. Appellant was convicted of attempted murder and sentenced to 10 years probation, $5,000 fine, and $198,000 restitution. A Notice of Appeal was filed on July 3, 2007 and the BCAPDO was appointed on August 31, 2007. On September 17, 2007 we received two volumes of the clerk’s record via mail. On September 20, 2007 we received seven volumes of the court reporter’s record. We have filed motions for extension of time to file brief pending the receipt of a copy of the convenience store surveillance tape that was entered as an exhibit in trial. Our tenth appellate appointment was from Kendall County. Appellant was convicted of driving while intoxicated and sentenced to twelve months probation, a $500 fine, and eighty hours of community service. A Notice of Appeal was filed on August 22, 2007 and the BCAPDO was appointed on August 27, 2007. On October 4, 2007 we received one volume of the clerk’s record that was filed in this case. Though a portion of the court reporter’s record has been filed, we have not managed to get copies mailed to us yet. The remainder of the court reporter’s record is still due to be filed.