Bexar County Appellate Public Defenders Office BCAPDO

1
Bexar County Appellate Public Defenders 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
• Atascos a Gillespie Kinney Starr
• Bandera Guadalupe La Salle Sutton
• Bexar Jim Hogg Mason Uvalde
• Brooks Jim Wells Maverick Val Verde
• Dimmit Karnes McMullen Webb
• Duval Kendall Medina Wilson
• Edwards Kerr Menard Zapata
• Frio Kimble Real Zavala

4
Fourth Court Counties with the Most Criminal
Appeals, 2004-2006
5
Project Upstart Overview

• March 9, 2007 The Task Force on Indigent Defense
  approved the BCAPDOs 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 hadnt 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
  clerks records and reporters 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
  clerks 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 reporters record. We have not
  received the clerks 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
  reporters record via mail on August 28, 2007.
  The clerks record has not been filed yet.
• Our sixth appointment was from Atascosa County.
  Appellant was convicted of intoxication
  assault-aggravated assault (3rd 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 clerks records, and all of the court
  reporters records, filed in this case. On
  September 20, 2007 we received a copy of the
  supplemental clerks 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
  clerks 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 reporters
  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 clerks record via
  mail on September 17, 2007, and ten volumes of
  the court reporters 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 clerks
  record via mail. On September 20, 2007 we
  received seven volumes of the court reporters
  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 clerks record that
  was filed in this case. Though a portion of the
  court reporters record has been filed, we have
  not managed to get copies mailed to us yet. The
  remainder of the court reporters record is still
  due to be filed.