NO. 07-04-0247-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
AUGUST 10, 2004
______________________________
KIM W. GATEWOOD,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY;
NO. 2003-485,577; HON. DRUE FARMER, PRESIDING
_______________________________
ABATEMENT AND REMAND
_______________________________
Before QUINN and CAMPBELL, JJ., and BOYD, S.J.1
Appellant Kim W. Gatewood appeals from a judgment convicting him of false
identification as a peace officer. The reporter’s record is due in this cause, and an
extension of the applicable deadline has been sought. To justify the extension, the court
reporter represents that appellant has failed to pay or make arrangements to pay for the
record. Nothing of record illustrates whether appellant is indigent.
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of A ppe als, sitting by as signme nt. Tex. Gov’t Code
Ann. §75.00 2(a)(1 ) (Vernon Supp. 2004 ).
Accordingly, we now abate this appeal and remand the cause to the County Court
at Law No. 2 of Lubbock 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 appointed counsel and a free appellate
record.
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 the findings of fact and conclusions of law and all
orders it may issue as a result of its hearing on this matter, and 3) cause to be developed
a supplemental reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing. Should it be determined that appellant wishes to prosecute the
appeal, is indigent, and is entitled to an appointed attorney, then the trial court shall appoint
counsel, unless appellant knowingly and voluntarily waives counsel. Furthermore, the
name, address, and phone number of any counsel appointed by the trial court to represent
appellant shall be included in the supplemental record. The trial court shall also file both
supplemental records with the clerk of this court on or before September 9, 2004. Should
further time be needed by the trial court to perform these tasks, then it must be requested
before September 9, 2004.
It is so ordered.
Per Curiam
Do not publish.
2
Kim Wade Gatewood v. State
Combined Opinion