NO. 07-02-0250-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
OCTOBER 28, 2002
______________________________
SAMMY CHAVEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 287TH DISTRICT COURT OF BAILEY COUNTY;
NO. 2104-B; HONORABLE GORDON GREEN, JUDGE
_______________________________
Before REAVIS and JOHNSON, J.J., and BOYD, S.J.1
On June 5, 2002, a copy of a Notice of Appeal in cause No. 2104-B in the 287th
District Court of Bailey County, Texas (the trial court), was filed with the clerk of this court
(the appellate clerk). The document filed gives notice that Sammy Chavez desires to
appeal from a conviction and sentence in such court and cause number. On June 25,
2002, a docketing statement was filed with the appellate clerk which sets out that the
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John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by
assignment.
appeal is from a judgment or order dated May 8, 2002, and that an affidavit of indigency
was filed on May 24, 2002.
On July 25, 2002, a request for extension of time for filing the clerk’s record was
filed with the appellate clerk. By such request, the District Clerk of Bailey County (the trial
court clerk) advised that the clerk’s record had not been paid for and no arrangements had
been made to pay for the record. Pursuant to further requests, the times for filing the
clerk’s record and the reporter’s record have been extended. Neither the clerk’s record
nor the reporter’s record has been filed, and the appellate clerk’s record reflects no other
action by any party to the appeal to prosecute the appeal.
Accordingly, this appeal is abated and the cause is remanded to the trial court.
TEX . R. APP . P. 37.3(a)(2). Upon remand, the judge of the trial court is directed to
immediately cause notice to be given of and to conduct a hearing to determine: (1) whether
appellant desires to prosecute this appeal; (2) if appellant desires to prosecute this appeal,
then whether appellant is indigent; (3) if appellant desires to prosecute this appeal,
whether appellant is entitled to have the clerk’s and reporter’s records furnished without
charge; and (4) what orders, if any, should be entered to assure the filing of appropriate
notices and documentation to dismiss appellant’s appeal if appellant does not desire to
prosecute this appeal, or, if appellant desires to prosecute this appeal, to assure that the
clerk’s and reporter’s records will be promptly filed and that the appeal will be diligently
pursued.
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The trial court is directed to: (1) conduct any necessary hearings; (2) make and file
appropriate findings of fact, conclusions of law and recommendations, and cause them to
be included in a clerk’s record on remand; (3) enter any orders appropriate to the
circumstances; (4) cause the hearing proceedings to be transcribed and included in a
reporter’s record; and (5) have a record of the proceedings made to the extent any of the
proceedings are not included in the supplemental clerk’s record or the reporter’s record.
In the absence of a request for extension of time from the trial court, the clerk’s record on
remand, reporter’s record of the hearing and proceedings pursuant to this order, and any
additional proceeding records, including any orders, findings, conclusions and
recommendations, are to be sent so as to be received by the clerk of this court not later
than November 29, 2002.
Per Curiam
Do not publish.
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