NO. 07-05-0088-CR
NO. 07-05-0089-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 10, 2005
______________________________
SHANNON DEWAYNE THOMPSON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 181ST DISTRICT COURT OF POTTER COUNTY;
NO. 49,282-B & 49,283-B; HONORABLE JOHN B. BOARD, JUDGE
_______________________________
Before QUINN and REAVIS and CAMPBELL, JJ.
ABATEMENT AND REMAND
Pending before this Court is a second request for an extension of time in which to
file a reporter’s record in which the official court reporter indicates no designation has been
filed. The supplemental clerk’s record contains an order dated June 9, 2004, appointing
attorney Greg Phifer to represent appellant Shannon Dewayne Thompson. The record,
however, reflects that on November 22, 2004, attorney Ronald T. Spriggs was retained to
enter an appearance as attorney of record for appellant. Also in the record is the trial
court’s order of April 8, 2005, granting Spriggs’s motion to withdraw. To promote judicial
efficiency, we now abate this appeal and remand the cause to the trial court for further
proceedings pursuant to Rule 35.3(c) of the Texas Rules of Appellate Procedure.
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; and
2. whether appellant is indigent and entitled to appointed counsel.
The trial court shall cause a hearing to be transcribed. Should it be determined that
appellant does want to continue the appeal and is indigent, then the trial court shall also
take such measures as may be necessary to assure appellant effective assistance of
counsel, which measures may include the appointment of counsel. If counsel is appointed,
the name, address, telephone number, and state bar number of said counsel shall be
included in the order appointing counsel. Finally, 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 clerk's record and
the supplemental reporter's record with the Clerk of this Court by Friday, June 10, 2005.
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The court reporter’s request for extension of time is held in abeyance pending the
trial court’s findings and conclusions.
It is so ordered.
Per Curiam
Do not publish.
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