NO. 07-03-0297-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
SEPTEMBER 29, 2003
______________________________
SHAWN O’CONNELL LEWIS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 44,391-E; HON. RICHARD DAMBOLD, PRESIDING
_______________________________
Before QUINN, REAVIS and CAMPBELL, JJ.
ON ABATEMENT AND REMAND
Appellant Shawn O’Connell Lewis appeals his conviction for the offense of driving
while intoxicated. The clerk’s record is due in this cause, and an extension of the
applicable deadline was sought. To justify the extension, the clerk represented that
appellant failed to pay or make arrangements to pay for the record. Nothing of record
appears showing whether the appellant is indigent and entitled to a free record.
Accordingly, we now abate this appeal and remand the cause to the 108th 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; and
3. whether the appellant is entitled to a free appellate record and to
appointed counsel on appeal 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 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 reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing. Additionally, the district court shall then file the supplemental
record with the clerk of this court on or before October 29, 2003. Should further time be
needed by the trial court to perform these tasks, then same must be requested before
October 29, 2003. Finally, should it be determined that appellant desires to prosecute this
appeal, is indigent, and is entitled to appointed counsel but has none, then the trial court
shall appoint counsel to appellant. The name, address phone number and state bar
number of the attorney appointed, if any, shall be included in the trial court’s findings of
fact and conclusions of law.
It is so ordered.
2
Per Curiam
Do not publish.
3
Shawn O'Connell Lewis v. State
Combined Opinion