Order entered May 18, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01289-CR
TOMMY AGUILAR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-81651-2012
ORDER
The reporter’s record has been filed in this appeal, but the clerk’s record has not been
filed. Accordingly, the Court ORDERS the trial court to make findings of fact regarding
whether appellant has been deprived of the clerk’s record because of ineffective counsel,
indigence, or for any other reason.
The trial court shall first determine whether appellant desires to prosecute the appeal. If
the trial court determines that appellant does not desire to prosecute the appeal, it shall
make a finding to that effect.
If the trial court determines that appellant desires to prosecute the appeal, it shall next
determine whether appellant is indigent and entitled to proceed without payment of costs
for the clerk’s record. If appellant is entitled to proceed without payment of costs, 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: (1) whether appellant, if not indigent, has paid or
made payment arrangements for, the clerk’s record; and (2) the date by which the clerk’s
record will be filed.
We ORDER the trial court to transmit a record, containing the written findings of fact,
any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date
of this order.
The appeal is ABATED to allow the trial court to comply with this order. The appeal
shall be reinstated thirty days from the date of this order or when the findings are received,
whichever is earlier.
/s/ ADA BROWN
JUSTICE