NO. 07-01-0354-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
FEBRUARY 5, 2002
______________________________
REYNALDO ROSAS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2000-433,545; HONORABLE JIM BOB DARNELL, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
ABATEMENT AND REMAND
Pursuant to a plea of guilty, appellant Reynaldo Rosas was convicted of injury to
a disabled person and punishment was assessed at eight years confinement. Appellant
timely filed a notice of appeal on August 17, 2001. After numerous extensions of time were
granted in which to file the clerk’s record and the reporter’s record due to nonpayment of
fees, by letter dated January 17, 2002, this Court directed appellant’s retained counsel,
Mr. David Martinez, to explain within ten days why neither payment nor arrangement to pay
for the records had been made. Mr. Martinez did not respond and both the clerk’s record
and reporter’s record remain outstanding. Therefore we now abate the appeal and remand
the cause to the trial court for further proceedings. See Tex. R. App. P. 37.3.
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 this appeal; and if so,
2. whether appellant’s retained counsel continues to represent him and what
steps need to be taken to ensure a diligent pursuit of this appeal;
3. whether appellant has been deprived of an appellate record because of
ineffective assistance of counsel or for any other reason; and
4. whether appellant is indigent and entitled to appointed counsel.
The trial court shall cause the hearing to be transcribed. Should it be determined that
appellant does want to continue this appeal and is indigent, then the trial court shall also
take such measures as may be necessary to assure appellant effective assistance of
counsel, which may include the appointment of new counsel. If new counsel is appointed,
the name, address, telephone number, and state bar number of said counsel shall be
included in the order appointing new counsel. Finally, the trial court shall execute findings
of fact, conclusions of law, and such orders as the court may enter regarding the
aforementioned issues, and cause its findings and conclusions to be included in a
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supplemental clerk’s record. A supplemental record of the hearing shall also be included
in the appellate record. Finally, the trial court shall file the supplemental records with the
Clerk of this Court by Friday, March 22, 2002.
It is so ordered.
Per Curiam
Do not publish.
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