NO. 07-08-0135-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 2, 2008
______________________________
ISMAEL CHAVEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 47th DISTRICT COURT OF POTTER COUNTY;
NO. 53,941-A; HON. HAL MINER, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Ismael Chavez appeals his conviction from the 47th District Court. The clerk’s record
was due to be filed on April 28, 2008. On April 29, 2008, this Court received a request for
extension of time to file the clerk’s record, stating that appellant has not paid or made
arrangements to pay for the record and that no attorney had been appointed on appeal.
Accordingly, we abate this appeal and remand the cause to the 47th District Court
of Potter 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 has counsel or is entitled to appointed counsel; and
4. whether appellant is entitled to a free appellate record due to his indigency.
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 its findings of fact and conclusions of
law and all orders it may issue as a result of its hearing in 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 and reporter’s record transcribing the hearing with the clerk of this court on or before
June 2, 2008. Should further time be needed by the trial court to perform these tasks, then
same must be requested before June 2, 2008.
It is so ordered.
Per Curiam
Do not publish.
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