NO. 07-00-0026-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
FEBRUARY 10, 2000
______________________________
MITCHELL RAY RODGERS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE CRIMINAL DISTRICT COURT NO. 4 OF DALLAS COUNTY;
NO. F93-43098-RK; HONORABLE J. ZIMMERMAN, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
ON ABATEMENT AND REMAND
On September 24, 1999, appellant Mitchell Ray Rodgers pled guilty to burglary of a building.
Appellant filed a timely notice of appeal on October 15, 1999. To date we have not received a clerk’s
and reporter’s record, nor have we received an appellant’s brief. This sequence of events requires
us to call for a hearing as provided in Texas Rule of Appellate Procedure 38.8(b)(3). Accordingly,
this appeal is abated and the cause is remanded to the Criminal District Court No. 4 of Dallas County.
Upon remand, the judge of the trial court shall immediately cause notice to be given of, and
to conduct, a hearing to determine whether appellant has abandoned his appeal or still desires to
pursue his appeal. In the event appellant still desires to prosecute his appeal, the court shall further
determine whether appellant is now indigent, and if so, whether counsel should be appointed to
represent him, and the name, address, and State Bar of Texas identification number of any counsel
appointed. Finally, the court should consider whether any further steps need to be taken to facilitate
the provision of an appellate record and the completion of the record for appellate review.
In support of its determination, the trial court shall prepare and file findings and orders and
cause them to be included in a supplemental clerk’s record and the transcription of the hearing should
be submitted to the clerk of this court not later than March 9, 2000.
It is so ordered.
Per Curiam
Do not publish.