NO. 07-03-0159-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MAY 5, 2003
______________________________
KIMELA BECKER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 181ST DISTRICT COURT OF POTTER COUNTY;
NO. 44,244-B; HONORABLE JOHN BOARD, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
On April 2, 2003, a copy of a Notice of Appeal in cause No. 44,244-B in the 181st
District Court of Potter County, Texas (the trial court), was filed with the clerk of this court
(the appellate clerk). The document filed gives notice that Kimela Becker, appellant,
desires to appeal from a conviction in such court and cause number. On April 14, 2003,
a docketing statement was filed with the appellate clerk.
On April 8, 2003 and April 30, 2003, the District Clerk of Potter County (the trial
court clerk) advised that the clerk’s record had not been paid for, the clerk had not
received an affidavit of indigency from appellant, and appellant’s attorney had not made
arrangements to pay for the record. The clerk’s record has not been filed. 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 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
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) cause the hearing proceedings to be
transcribed and included in a reporter’s record; and (4) have a record of the proceedings
made to the extent any of the proceedings are not included in the clerk’s record or the
reporter’s record. In the absence of a request for extension of time from the trial court, the
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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 June 5, 2003.
Per Curiam
Do not publish.
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