James Taylor Jr. v. State

• Court: Court of Appeals of Texas
• Decided: September 18, 2014
• Docket: 09-14-00219-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00219-CR ____________________

JAMES TAYLOR JR., Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 356th District Court Hardin County, Texas Trial Cause No. 21666 ________________________________________________________ _____________

ORDER

James Taylor Jr. filed a pro se notice of appeal but did not file an affidavit of

indigence. The trial court clerk and court reporter have notified the Court that they

have not received payment for the records. The Court finds it is necessary to

determine whether the appellant has abandoned his appeal. See Tex. R. App. P.

37.3(a)(2).

It is, therefore, ORDERED that the appeal is ABATED and the cause is

REMANDED to the trial court for a hearing to determine whether the appellant

1 desires to prosecute his appeal. If the appellant indicates that he desires to

prosecute his appeal, the trial court shall determine whether the appellant is entitled

to proceed without payment of costs. See Tex. R. App. P. 37.3(b), (c). For this

purpose the trial judge shall conduct such hearings as may be necessary, make

appropriate findings and recommendations, and prepare a record of the

proceedings. If the appellant desires to pursue his appeal and the trial court

determines that the appellant is indigent, the trial court may appoint counsel or

order the records to be prepared without charge to the appellant. See Tex. Code

Crim. Proc. Ann. art. 26.04(c) (West Supp. 2014); Tex. R. App. P. 20.2.

The record of the hearing, including any orders and findings of the trial court

judge, shall be sent to the appellate court for filing in the above-referenced appeal.

The transcription of the court reporter’s notes from the hearing and the findings

and recommendations of the trial court judge are to be filed on or before October

20, 2014.

ORDER ENTERED September 18, 2014.

PER CURIAM

Before McKeithen, C.J., Horton and Johnson, JJ.