Bobby J. Cate v. State

• Court: Court of Appeals of Texas
• Decided: August 23, 2002
• Docket: 07-02-00272-CR
• Status: Published

Opinion

TROY LEE HARMS V STATE OF TEXAS NO. 07-02-0272-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 23, 2002

______________________________

BOBBY J. CATE,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 364^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2001-436,240; HON. BRADLEY UNDERWOOD, PRESIDING _______________________________

ABATEMENT AND REMAND _______________________________

Before BOYD, C.J., QUINN and REAVIS, JJ.

Appellant, Bobby J. Cate appeals from a judgment convicting him of aggravated sexual assault. The clerk's record is due in this cause, and an extension of the applicable deadline was sought. To justify the extension, the district clerk represented that appellant has not paid or made arrangements to pay for the record. The reporter's record has been filed in this cause. Nothing of record appears showing the appellant is indigent and entitled to a free record.

Accordingly, we now abate this appeal and remand the cause to the 364th District Court 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 a free appellate record 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 September 23, 2002. Should further time be needed by the trial court to perform these tasks, then same must be requested before September 23, 2002.

It is so ordered.

Per Curiam

Do not publish.