NO. 07-08-0513-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JANUARY 21, 2009
______________________________
DANIEL LUIS CANCINO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 69th DISTRICT COURT OF DALLAM COUNTY;
NO. 4046; HON. RON ENNS, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant appeals from his conviction for aggravated assault. The clerk’s record
was filed on December 22, 2008, but the reporter’s record has not been filed. An
extension motion was filed by the court reporter on January 5, 2009, representing that
appellant has not submitted a request for the reporter’s record.
Accordingly, we abate this appeal and remand the cause to the 69th District Court
of Dallam 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; and,
3. whether the 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, if any. Additionally, the district court shall then file the
supplemental records and reporter’s records transcribing the hearing with the clerk of this
court on or before February 20, 2009. Should further time be needed by the trial court to
perform these tasks, then same must be requested before February 20, 2009.
It is so ordered.
Per Curiam
Do not publish.
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