NO. 07-02-0345-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

JANUARY 24, 2003

______________________________

HERIBERTO RAMIREZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 242ND DISTRICT COURT OF HALE COUNTY;

NO. B137736-0005; HONORABLE ED SELF, JUDGE

_______________________________

Before QUINN and REAVIS, JJ. and BOYD, S.J. ^{(footnote: -6)}

ABATEMENT AND REMAND

Following a plea of not guilty, appellant was convicted by a jury of aggravated sexual assault and punishment was assessed at 50 years confinement.  Appellant perfected this appeal and the clerk’s record was filed on November 4, 2002.  Court reporter David Fortenberry requested and was granted two motions for extensions of time in which to complete the reporter’s record making it due no later than January 2, 2003.  The record has yet to be filed and no further request for an extension of time has been filed.  Thus, we now abate the appeal and remand the cause to the trial court for further proceedings.   See Tex. R. App. P. 37.3(a)(2).  

Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:

1. whether appellant desires to prosecute this appeal, and if so,

2. why appellant has been deprived of a reporter’s record.

The trial court shall cause the hearing to be transcribed.  Should it be determined that appellant does want to continue this appeal and is indigent, then the trial court shall also take such measures as may be necessary to assure appellant a reporter’s record.  The trial court shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforementioned issues, and cause its findings and conclusions to be included in a supplemental clerk’s record.  A supplemental record of the hearing shall also be included in the appellate record.  Finally, the trial court shall file the supplemental records with the Clerk of this Court by Friday, February 21, 2003.

It is so ordered.

Per Curiam

Do not publish.

FOOTNOTES

-6:

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.