in the Matter of the Marriage of Jill Megan McKay and Malcolm Franklin McKay and in the Interest of E. R. M., a Child
This text of in the Matter of the Marriage of Jill Megan McKay and Malcolm Franklin McKay and in the Interest of E. R. M., a Child (in the Matter of the Marriage of Jill Megan McKay and Malcolm Franklin McKay and in the Interest of E. R. M., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NO. 07-12-0435-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 7, 2012 ______________________________
NICOLE HICKS,
Appellant
V.
THE STATE OF TEXAS,
Appellees ______________________________
FROM THE 364th DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2011-429,920; HON. BRADLEY S. UNDERWOOD, PRESIDING _______________________________
ON ABATEMENT AND REMAND _______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant Nicole Hicks appeals from her conviction for the offense of theft of over
$20,000 but less than $100,000. On November 2, 2012, the clerk’s record was filed.
The reporter’s record was due on November 5, 2012. On November 5, 2012, the
reporter filed a request for an extension of time to file the record for the reasons that
appellant has not submitted a request for preparation and a written designation for the
record, nor has she paid for the record. Accordingly, we abate this appeal and remand the causes to the 364th District
Court of Lubbock County (trial court) for further proceedings. Upon remand, the trial
court shall determine, via hearing or other reasonable means:
1. whether appellant desires to prosecute the appeal;
2. whether appellant is indigent; and, if so,
3. whether the appellant is entitled to a free record or appointed counsel.
The trial court is also directed to enter such orders necessary to address the
aforementioned questions. So too shall it include its findings on those matters
(including the name, address, and phone number of any attorney it may appoint to
represent appellant in this appeal) in a supplemental record and cause that record to be
filed with this court by December 7, 2012. Should further time be needed to perform
these tasks, then same must be requested before December 7, 2012.
It is so ordered.
Per Curiam
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