NO. 07-02-0356-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
DECEMBER 10, 2002
______________________________
ESAU RODRIGUEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY;
NO. CR99K-099; HON. DAVID WESLEY GULLEY, PRESIDING
_______________________________
Before QUINN, REAVIS and JOHNSON, JJ.
ON ABATEMENT AND REMAND
Appellant Esau Rodriguez appeals from a judgment convicting him of attempted
sexual assault. The clerk’s record is due in this cause, and an extension of the applicable
deadline was sought. To justify the extension, the district clerk represented that appellant
has failed to 1) file a written designation for the clerk’s record, 2) file a written designation
for the reporter’s record and 3) pay or make arrangements to pay for the record. This is
the second request filed by the district clerk. The first request was based on the same
reasons that are before us now. Nothing of record appears showing the appellant is
indigent and entitled to a free record.
Accordingly, we now abate this appeal and remand the cause to the 222nd District
Court of Deaf Smith County (trial court) for further proceedings. Upon remand, the trial
court shall immediately cause notice of a hearing to be given and, thereafter, conduct a
hearing to determine the following:
1. whether appellant desires to prosecute the appeal;
2. whether appellant is indigent; and,
3. whether the appellant is entitled to a free appellate record due to his indigency.
The trial court shall cause the hearing to be transcribed. So too shall it 1) execute findings
of fact and conclusions of law addressing the foregoing issues, 2) cause to be developed
a supplemental clerk’s record containing the findings of fact and conclusions of law and
all orders it may issue as a result of its hearing on this matter, and 3) cause to be
developed a reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing. Additionally, the district court shall then file the supplemental
record with the clerk of this court on or before January 10, 2003. Should further time be
needed by the trial court to perform these tasks, then same must be requested before
January 10, 2003.
It is so ordered.
Per Curiam
Do not publish.
2
3
Esau Rodriguez v. State
Combined Opinion