NO. 07-03-0025-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
APRIL 11, 2003
______________________________
ANTHONY LEON SUMMERS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 128TH DISTRICT COURT OF ORANGE COUNTY;
NO. A-010013-R; HONORABLE PATRICK A. CLARK, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, appellant was convicted by a jury of felony driving while
intoxicated and punishment was assessed by the trial court at 12 years confinement. After
appellant perfected this appeal, the clerk’s record was filed on January 21, 2003. However, two
extensions of time have been granted for filing the reporter’s record because appellant, who is
proceeding pro se, has not requested in writing that the record be prepared. See Tex. R. App.
P. 34.6(b)(1). Official Court Reporter, Holli Holgan-Landry, has now filed a third motion for
extension of time. Thus, we now abate the appeal and remand the cause to the trial court for
further proceedings. See Tex. R. App. P. 37.3(a)(2). The reporter’s record will be due 30 days
following reinstatement of this appeal.
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 is indigent and entitled to appointed counsel; and
3. why appellant has been deprived of a reporter’s record.
The trial court shall cause the hearing to be transcribed. Should it be determined that appellant
does want to continue this appeal, then the trial court shall take such measures as may be
necessary to assure appellant a reporter’s record. If appellant is indigent, the trial court shall
also appoint counsel and provide the name, address, telephone number, and state bar number
of said counsel and include the information in an order appointing counsel. 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
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 Wednesday, June 11, 2003.
It is so ordered.
Per Curiam
Do not publish.
2
Anthony Leon Summers v. State
Combined Opinion