Court of Civil Appeals of Texas, 2003

Nemesio Gomez v. State

Nemesio Gomez v. State
Court of Civil Appeals of Texas · Decided May 27, 2003

Nemesio Gomez v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-03-00102-CR


Nemesio Gomez, Appellant


v.



The State of Texas, Appellee








FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT

NO. CR-01-473, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING


O R D E R

PER CURIAM

The reporter's record in this cause was due to be filed on March 20, 2003. In response to a notice that the record is overdue, the court reporter informed the Court that no arrangement has been made to pay for the record. Appellant's counsel, Ms. Victorea Brown, did not respond to the Clerk's notice.

Appellant timely requested a free record on appeal. See Tex. R. App. P. 20.2. No action appears to have been taken on the request. The clerk's record reflects that in October 2002, three months before this appeal was perfected, the district court found that appellant was indigent and appointed a psychiatrist to assist in his defense. Appellant received a sixteen-year sentence, which means he is in prison. See Tex. Code Crim. Proc. Ann. art. 44.04(b) (West Supp. 2003).

If the district court believes there is a question as to whether appellant is indigent, it shall promptly conduct a hearing and make the appropriate order. Otherwise, it shall immediately grant appellant's request for a free record on appeal and instruct the court reporter to prepare the record. See Tex. R. App. P. 20.2, 37.3(a)(2). If appellant is indigent, the court shall appoint counsel who will effectively represent appellant on appeal. Copies of all findings and orders, and a transcription of the court reporter's notes if a hearing is conducted, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than June 20, 2003.

It is ordered May 27, 2003.



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

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