07-03-0117-CR
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
Appellant Anna Darlene North filed a Motion to Dismiss Appeal on May 13, 2003, averring that she no longer wishes to prosecute her appeals. The Motion to Dismiss is signed by both appellant and her attorney.
Without passing on the merits of the case, appellant's motion for voluntary dismissal is granted and the appeals are hereby dismissed. Tex. R. App. P. 42.2. Having dismissed the appeals at appellant's personal request, no motion for rehearing will be entertained and our mandate will issue forthwith.
Phil Johnson
Chief Justice
Do not publish.
filed.
On November 14, 2002, the appellate clerk received a notice from the trial court clerk that the clerk's record has not been paid for, and that the record will not be forwarded to the appellate court for filing. 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 record and a reporter's record 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 record and the reporter's record will be promptly filed and that the appeal will be diligently pursued.
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 December 31, 2002.
Per Curiam
Do not publish.
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.