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Jack v. State

When counsel abandons a defendant during the 30-day period for filing a new trial motion, the defendant is denied his constitutional rights.

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ORDER

On March 13, 2001, this Court abated the appeal and remanded the cause “for a hearing to determine whether appellant had counsel, and whether he received effective assistance of counsel, during the 30-day period for filing a motion for new trial.” Jack v. State, 42 S.W.3d 291, 294 (Tex. App.-Houston [1st Dist.] 2001, order). Pending the outcome of that hearing, we delayed ruling on appellant’s request for a remand to enable him to file an out-of-time motion for new trial. See id.

On April 20, 2001, the trial judge held that hearing, finding as follows:

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