NO. 07-00-0419-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 26, 2001
______________________________
ALLEN EUGENE MOTE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE COUNTY COURT AT LAW OF RANDALL COUNTY;
NO. 57,403-L; HONORABLE JOHN T. FORBIS, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
ON ABATEMENT AND REMAND
Appellant Allen Eugene Mote was convicted of the misdemeanor offense of record
of fraudulent court and sentenced on August 10, 2000, to confinement in the Randall
County Jail for 180 days and a fine of $500, probated for two years. A pro se notice of
appeal was filed on September 11, 2000.
On March 30, 2001, we abated this appeal because the clerk’s record had not been
filed, and we had been notified that appellant had failed to pay for preparation of the
record. On April 18, 2001, the trial court held a hearing and determined that appellant did
not intend to abandon his appeal, was not indigent and would not sign a statement of
inability to pay attorney’s fees or the cost of a record for his appeal, and committed to pay
for the costs of a record from his own funds. The clerk’s record was then filed on April 27,
2001, and the reporter’s record was filed on May 2, 2001.
Appellant was subsequently informed by this court that his brief was due to be filed
by June 1, 2001, and that the Randall County Court Clerk’s office retained a copy of the
record for the parties’ use. See Tex. R. App. P. 34.5(g) and 34.6(h). No brief has been
filed as of this date. Appellant apparently asserts that he is unable to obtain a copy of the
trial court’s record.
This sequence of events requires us to abate this appeal for a hearing as provided
by Texas Rule of Appellate Procedure 38.8(3). Accordingly, this appeal is abated and the
cause remanded to the Randall County Court at Law for a hearing.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine:
1. Whether appellant desires to abandon his appeal.
2. If he does not desire to abandon his appeal, the reasons for appellant’s
failure to file an appellate brief.
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3. If appellant has been unable to obtain a copy of the record for purposes
of preparation of a brief, what steps need to be taken to ensure that
appellant has access to a copy of the record.
4. If any other orders are necessary to ensure the proper and timely pursuit
of appellant’s appeal.
In support of its determinations, the trial court will prepare and file written findings
of fact and conclusions of law and cause them to be included in a supplemental clerk’s
record. The hearing proceedings shall be transcribed and included in a supplemental
reporter’s record. The supplemental clerk’s and reporter’s records shall be submitted to
the clerk of this court no later than August 27, 2001.
It is so ordered.
Per Curiam
Do not publish.
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