IN THE
TENTH COURT OF APPEALS
No. 10-08-00149-CR
Melissa Matus,
Appellant
v.
The State of Texas,
Appellee
From the County Court at Law No. 1
McLennan County, Texas
Trial Court No. 20076115CR1
abatement ORDER
Appellant Melissa Matus filed a notice of appeal pro se. The trial court denied her request for a court-appointed attorney for this appeal.[1] Appellant has not retained an attorney for this appeal. The clerk’s record has been filed. The reporter’s record has not been filed.
In a January 28, 2009 order, we abated this cause to the trial court with instructions to hold a hearing to determine: (1) why Appellant has failed to pay or make arrangements to pay the reporter’s fee for the preparation of the reporter’s record; (2) why a proper brief has not been filed by Appellant; and (3) whether Appellant still desires to proceed with the appeal. See Tex. R. App. P. 38.8(b)(2).
The trial court held the hearing on February 17, 2009. Appellant tendered to the trial court a handwritten document dated August 14, 2008 that was addressed to the Tenth Court of Appeals, stating:
I, Melissa Matus would like to withdraw my request for an appeal on case no: 20076115CR1 as I am unable to retain legal counsel due to having filed bankruptcy because of the prior hearing and trial costs. I asked for a court appointed attorney and the request was denied by Judge Freeman.
This Court’s records do not show that this document was ever received by this Court. In the hearing, Appellant told the trial court the following:
I had to file bankruptcy, and I don’t have any way of paying for a lawyer. . . . I don’t have an attorney. I have no idea how to proceed by myself. . . . I can’t afford to proceed [with the appeal.]
Appellant then reiterated that she wanted to dismiss her appeal, but it is clear from her handwritten document and her statements to the trial court that her intent is sufficiently conditioned on her alleged inability to pay for an attorney. As a result, and in the interest of justice, we again abate this case to the trial court with instructions to hold a hearing to determine: (1) whether Appellant is now indigent and entitled to court appointment of an attorney on appeal, and if so, whether Appellant desires to proceed with the appeal; and (2) if Appellant is determined not to be indigent, whether Appellant desires to dismiss her appeal. See Tex. R. App. P. 38.8(b)(2).
The trial court shall conduct the hearing within twenty days after the date of this order. The trial court clerk and court reporter shall file supplemental records within thirty-five days after the date of this order.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Cause abated
Order issued and filed March 25, 2009
Do not publish
[1] Appellant’s request, which is in the clerk’s record, was denied by the trial court on May 29, 2008 by a finding that she was not indigent at that time.