NO. 07-04-0110-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
MAY 25, 2004
______________________________
BOBBY RICHARD WHITE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 64TH DISTRICT COURT OF CASTRO COUNTY;
NO. A2879-0304; HON. ROBERT W. KINKAID, JR., PRESIDING
_______________________________
Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
ON ABATEMENT AND REMAND
Appellant Bobby Richard White appeals from a judgment convicting him of
possession of a controlled substance. The clerk’s record is due in this cause, and an
extension of the applicable deadline was sought. To justify the extension, the district clerk
represented that appellant has failed to 1) file a written designation for the clerk’s record,
2) file a written designation for the reporter’s record and 3) pay or make arrangements to
pay for the record. Nothing of record appears showing the appellant is indigent and entitled
to a free record.
Accordingly, we now abate this appeal and remand the cause to the 64th District
Court of Castro County (trial court) for further proceedings. 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 the appeal;
2. whether appellant is indigent;
3. whether appellant is entitled to a free appellate record due to his
indigency; and
4. whether appellant has counsel or is entitled to appointed counsel.
The trial court shall cause the hearing to be transcribed. So too shall it 1) execute findings
of fact and conclusions of law addressing the foregoing issues, 2) cause to be developed
a supplemental clerk’s record containing the findings of fact and conclusions of law and all
orders it may issue as a result of its hearing on this matter, and 3) cause to be developed
a reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing. Additionally, the district court shall then file the supplemental
record with the clerk of this court on or before June 25, 2004. Should further time be
needed by the trial court to perform these tasks, then same must be requested before June
25, 2004.
It is so ordered.
Per Curiam
Do not publish.
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