NO. 07-07-0363-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 28, 2007
______________________________
KENNETH LEE MAYER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 64TH DISTRICT COURT OF SWISHER COUNTY;
NO. A4134-0706; HONORABLE ROBERT W. KINKAID, JR., JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ON ABATEMENT AND REMAND
Appellant Kenneth Lee Mayer, through his trial counsel, filed a timely notice of
appeal. In addition, appellant’s trial counsel also filed a motion to withdraw which was
granted by the trial court on August 23, 2007. On September 17, 2007, appellant filed a
pro se notice of appeal. Included in appellant’s pro se notice of appeal, appellant indicated
that he was indigent and had requested a court appointed appellate attorney. However,
our clerk’s office has no record of any attorney having been appointed as of September 24,
2007.
We now abate this cause and remand it to the 64th District Court of Swisher 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
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 2, 2007. Should additional time be needed to perform these tasks, the trial
court may request same on or before November 2, 2007.
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It is so ordered.
Per Curiam
Do not publish.
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