State of Texas v. Martin Rodriguez

• Court: Court of Appeals of Texas
• Decided: September 4, 2003
• Docket: 07-03-00280-CR
• Status: Published

Opinion

NO. 07-03-0280-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

SEPTEMBER 4, 2003

______________________________

THE STATE OF TEXAS, APPELLANT

V.

MARTIN RODRIGUEZ, APPELLEE

_________________________________

FROM THE COUNTY COURT OF PARMER COUNTY;

NO. 9269; HONORABLE BONNIE CLAYTON HEALD, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM

Pending before this Court is the State's request to withdraw its notice of appeal by which it challenges the trial court's order granting appellee's motion to suppress. The request is signed by the Assistant County Attorney of Parmer County. Accordingly, pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure, the appeal is dismissed. Having dismissed the appeal at the request of the State, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

Justice

Do not publish.

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Accordingly, we now abate this appeal and remand the causes to the 251^st District Court of Randall County for further proceedings. Upon remand, the trial court shall utilize whatever means necessary 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 appointed counsel.

Should it be determined appellant wishes to prosecute the appeal, is indigent, and is entitled to an appointed attorney, the trial court shall appoint counsel. If counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel. If necessary, the trial court shall issue findings of fact, conclusions of law, and any necessary orders it may enter regarding the aforementioned issues and cause its findings, conclusions, and orders to be included in a supplemental clerk's record. A supplemental record of the hearing, if any, shall also be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before June 22, 2007.

It is so ordered.

Per Curiam