NO. 07-06-0349-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 28, 2006
______________________________
ALEX MARTINEZ FLORES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2005-409,540; HONORABLE BRADLEY UNDERWOOD, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
ON ABATEMENT AND REMAND
Appellant Alex Martinez Flores appeals his conviction for the offense of possession
of a controlled substance in an amount more than four grams but less than 200 grams and
his punishment of 30 years confinement in the Institutional Division of the Texas
Department of Criminal Justice.
Appellant has failed to file an adequate docketing statement as required under Rule
32.2 of the Texas Rules of Appellate Procedure. Instead, appellant has notified this court
of his intention to seek a court appointed attorney. However, the trial court clerk’s office
has no record of appellant’s request for a court appointed attorney as of September 15,
2006.
We now abate this cause and remand it to the 364th District Court of Lubbock
County. It is ordered that the judge of said court convene a hearing, after due notice to all
parties, to determine:
1) whether appellant desires to prosecute this appeal;
2) whether appellant has retained counsel; or
3) if appellant is not represented by retained counsel, whether appellant
is indigent and, therefore, is entitled to appointed counsel and a
record of the trial court proceedings free of charge.
We further direct the trial court to issue findings of fact and conclusions of law
addressing the foregoing subjects. Should the trial court find that appellant desires to
pursue his appeal, is not represented by counsel and is indigent, we then further direct the
court to 1) appoint counsel to assist in the prosecution of the appeal, and 2) issue an order
requiring the preparation of a clerk's record in accordance with Rule 34.5 of the Texas
Rules of Appellate Procedure. The name, address, phone number, fax number, and state
bar number of any counsel who is appointed to represent appellant on appeal must also
be included in the court's findings of fact and conclusions of law. Furthermore, the trial
court shall also cause to be developed 1) a supplemental clerk's record containing the
findings of fact and conclusions of law and all orders of the trial court issued as a result of
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its hearing on this matter and 2) a reporter's record transcribing the evidence and
arguments presented at the aforementioned hearing. Additionally, the trial court shall
cause the supplemental clerk's record to be filed with the clerk of this court on or before
November 3, 2006. Should additional time be needed to perform these tasks, the trial
court may request same on or before November 3, 2006.
It is so ordered.
Per Curiam
Do not publish.
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