Julia Winkley v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00732-CR Julia Winkley, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY

NO. 29,156, HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING

O R D E R

PER CURIAM

This is an appeal from a conviction for theft. The reporter's record has not been filed because satisfactory arrangements for payment have not been made. See Tex. R. App. P. 35.3(b). Appellant is represented by a retained attorney, Mr. Revis Kanak. Counsel has informed the Court that appellant is indigent, although no request for a free record was made. See Tex. R. App. P. 20.2.

The appeal is abated and the cause remanded to the county court at law. Upon remand, the court shall conduct a hearing to determine whether appellant desires to prosecute this appeal. See Tex. R. App. P. 37.3(a)(2). If she does, the court shall also determine whether appellant is indigent. If the court finds that appellant is presently indigent, the court shall order the preparation of a reporter's record at no cost to appellant. The court shall also make any other appropriate findings and recommendations. A supplemental clerk's record containing the court's written findings and orders shall be filed in this Court no later than February 21, 2003. This cause will be returned to the docket of this Court upon the filing of the supplemental record.

It is ordered January 24, 2003.

Before Chief Justice Law, Justices B. A. Smith and Puryear

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