NO. 07-02-0304-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
SEPTEMBER 25, 2002
______________________________
JOE A. NARVAIS, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2001-438,391; HON. JOHN T. FORBIS, PRESIDING
_______________________________
ABATEMENT AND REMAND
_______________________________
Before QUINN and REAVIS, JJ., and BOYD, SJ.1
Appellant Joe A. Narvais, Jr. appeals from a judgment convicting him of aggravated
assault with a deadly weapon. 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 not paid or made arrangements to pay for the record. The
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John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. TEX. GOV’T
CODE ANN. §75.002(a)(1) (Vernon Supp. 2002).
reporter’s record has been filed in this cause. 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 364th District
Court of Lubbock 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 October 25, 2002. Should further time be
needed by the trial court to perform these tasks, then same must be requested before
October 25, 2002.
It is so ordered.
Per Curiam
Do not publish.
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