Order entered October , 2012
In The
Court of al) pealci
jfiftb Otfitritt of Texas:4 at Mattali
No. 05-12-00095-CR
No. 05-12-00096-CR
No. 05-12-00097-CR
THOMAS LEE NIX, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 3
Collin County, Texas
Trial Court Cause Nos. 003-82321-10, 003-82323-10, 003-82324-10
ORDER
The clerk's records have not been filed in these appeals. On March 21, 2012, we sent
appellant's counsel a letter stating the Collin County Clerk had informed us appellant had not
paid for the clerk's record. We directed appellant to provide, within ten days, either proof of
payment or that he was entitled to proceed without payment for the clerk's records. To date,
appellant has not responded.
Accordingly, this Court ORDERS the trial court to make findings regarding why the
clerk's records have not been filed in these appeals. The trial court shall determine the
following:
• Whether appellant desires to pursue the appeals. If appellant does not desire to pursue
the appeals, the trial court shall make finding to that effect.
• If appellant desires to pursue the appeals, the trial court shall next determine whether
appellant is indigent and entitled to proceed without payment of costs for the record. If
appellant is indigent, the trial court shall make a finding to that effect. Moreover, if
appellant is indigent, the trial court is ORDERED to take such measures as may be
necessary to assure effective representation, which may include appointment of new
counsel. If the trial court finds appellant is not indigent, it shall determine whether
retained counsel has abandoned the appeal.
• The trial court shall next determine whether appellant: (1) requested preparation of the
clerk's records; (2) if not indigent, has paid for the clerk's records; and (3) the date by
which the clerk's records will be filed.
We ORDER the trial court to transmit a record containing its written findings of fact, any
supporting documentation, and any orders to this Court within THIRTY DAYS of the date
of this order.
We ABATE the appeals to allow the trial court to comply with the order. The appeals
will be reinstated thirty days from the date of this order or when the findings are received.
DAVID L. BRIDGES
JUSTICE