Reynaldo Rosas v. State

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NO. 07-01-0354-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

SEPTEMBER 30, 2002



______________________________



REYNALDO ROSAS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE





_________________________________

FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2000-433545; HONORABLE JIM BOB DARNELL, JUDGE

_______________________________

Before REAVIS and JOHNSON, JJ. and BOYD, S.J. (1)

DISMISSAL

Pending before this Court is appellant's motion to dismiss his appeal. Appellant and his attorney have both signed the motion representing that appellant wishes to withdraw his notice of appeal and no longer wishes to prosecute the appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is hereby dismissed and no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

Justice



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1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

said court is ordered to convene a hearing (after notice to appellant and other parties in interest) to determine the following matters:

  • Whether appellant desires to prosecute this appeal;
  • if appellant desires to prosecute this appeal then whether appellant is indigent;
  • whether appellant is entitled to a clerk's record and reporter's record, without charge to appellant;
  • whether appellant is entitled to appointed counsel;
  • if appellant has counsel, whether appellant has been denied the effective assistance of counsel arising from the delay encountered in prosecuting this appeal; and
  • 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 record will be promptly filed and that the appeal will be diligently pursued.

If the court determines that appellant is indigent and has been denied the effective assistance of counsel, we order it to appoint counsel for appellant.

We next order the court to cause a supplemental clerk's record to be developed. The supplemental clerk's record shall include 1) a transcription of the hearing convened to answer the questions itemized above, 2) findings of fact and conclusions of law answering the questions itemized above, 3) the name, state bar number, and address of any counsel appointed to represent appellant, and 4) all orders made in accordance with this opinion. We further order the court to cause the supplemental clerk's record to be filed with the clerk of this court on or before August 14, 2006. Should additional time be needed to comply with this order, the district court may request the same on or before August 14, 2006.



Per Curiam







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