NO. 07-02-0389-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
JUNE 4, 2003
______________________________
VINCE LEE SIMNACHER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE COUNTY COURT OF LAMB COUNTY;
NO. 13,563; HONORABLE DANNY BYERS, JUDGE
_______________________________
Before JOHNSON, C.J., CAMPBELL, J., and BOYD, S.J.1
ON ABATEMENT AND REMAND
Appellant Vince Lee Simnacher was convicted of the offense of driving while
intoxicated and, on June 25, 2002, sentence was imposed at 180 days confinement in 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. 2003).
Lamb County Jail and a fine of $1,000. Appellant timely perfected his appeal and the
clerk’s record was filed on October 3, 2002. The reporter’s record was also filed on that
date. However, nothing further has been done to perfect the appeal.
On March 20, 2003, by direction of the court, appellant and his attorney were
notified that no appellate brief had been filed and no motion for extension of time within
which to file the brief had been received by us. They were further notified that if a
satisfactory response was not received by April 1, 2003, the appeal would be abated to the
trial court pursuant to Texas Rule of Appellate Procedure 38.8.
By letter dated March 31, 2003, appellant’s counsel notified this court that his client
had decided to dismiss the appeal and as soon as counsel got the motion to dismiss back
from his client, it would be forwarded to us. However, we have never received such a
motion.
This state of the proceedings requires us to abate the appeal and remand the case
to the County Court of Lamb County to conduct the hearings mandated by Texas Rule of
Appellate Procedure 38.8. Upon remand, the judge of the trial court shall immediately
cause proper notices to be given and conduct a hearing to determine:
1. If appellant still desires to pursue his appeal.
2. If appellant is indigent and the appointment of an attorney is necessary.
3. If it be determined that the appointment of an attorney is necessary, the
name, address, and State Bar of Texas identification number of the attorney
appointed.
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4. If appellant is not indigent, whether he has failed to make the necessary
arrangements for prosecuting his appeal, and if he has not done so, what
orders are necessary to ensure those arrangements are made.
5. If any other orders are necessary to ensure the diligent and prompt
pursuit of appellant’s appeal.
In support of its determination, the trial court shall prepare and file written findings
of fact and conclusions of law and cause them to be included in a supplemental clerk’s
record. The hearing proceedings shall be transcribed and included in a supplemental
reporter’s record. The supplemental records shall be submitted to this court not later than
July 7, 2003.
It is so ordered.
Per Curiam
Do not publish.
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