NO. 07-06-0418-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 26, 2007
______________________________
DWAYNE KING, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 223RD DISTRICT COURT OF GRAY COUNTY;
NO. 6392; HONORABLE LEE WATERS, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ON ABATEMENT AND REMAND
Dwayne King perfected appeal from his conviction for the offense of money
laundering. The clerk’s and reporter’s records were due on December 18, 2006. The clerk
and reporter filed motions for extension citing appellant’s failure to make arrangements for
payment for the clerk’s and reporter’s records. Each motion was granted, extending the
deadlines to February 2, 2007. We directed appellant’s counsel to certify compliance with
Rules of Appellate Procedure 34.6(b)(1), and 35.3(a)(2), (3) on or before January 8, 2007.
Counsel’s response recited appellant currently resides in Detroit, Michigan, that he is
indigent and is attempting to raise funds necessary to pay for the record. The response
requests additional time to pay for the record but does not comply with Rule 10.5(b)(1)
governing motions for extension of time. It also states that counsel has advised appellant
that he must return to Texas for a hearing on indigence for appointment of counsel on
appeal.1 Counsel has not filed a notice that she no longer represents appellant in
accordance with Rule 6.4 or a motion to withdraw complying with Rule 6.5. Nor has
counsel filed a docketing statement required by Rule 32.2 and as directed by this court.
Accordingly we must abate the appeal and remand the case to the 223rd District
Court of Gray County for further proceedings. Tex. R. App. P. 37.3(a)(2). Upon remand
the trial court shall use such means as may be necessary, including a hearing if the court
finds it necessary, 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 indigence; and
4. whether appellant is represented by counsel or is entitled to appointed counsel.
The trial court shall cause any hearing held to be transcribed and shall conduct it
in a manner designed to protect appellant’s rights which may include presentation of
testimony in any manner permitted by law. The court shall (1) execute findings of fact and
1
The foundation for this advice is not clear from counsel’s response.
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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 compliance with this order, and (3) cause to be
developed a reporter's record transcribing the evidence and arguments presented at any
hearing conducted. Additionally, the district court shall then file the supplemental record
with the clerk of this court on or before March 5, 2007. Should further time be needed by
the trial court to perform these tasks, same shall be requested before March 5, 2007.
Finally, if the trial court determines that appellant is entitled to appointed counsel and
appoints counsel, it shall inform this court of the name, address, and state bar number of
the appointed counsel.
It is so ordered.
Per Curiam
Do not publish.
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DWayne King v. State
Combined Opinion