TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00717-CR

Annie A. Behrens, Appellant v. The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW OF BASTROP COUNTY NO. 42,286, HONORABLE BENTON ESKEW, JUDGE PRESIDING

MEMORANDUM OPINION

Annie A. Behrens perfected this appeal from a conviction for assault. Behrens was represented by retained counsel at trial, but counsel was appointed for the appeal. Appellate counsel filed a request for a free record, but this request was not accompanied by an affidavit of indigence signed by Behrens. See Tex. R. App. P. 20.2. Counsel has informed the Court that the trial court is unwilling to act on the record request unless and until Behrens submits the missing affidavit.

Counsel states that he has been unable to obtain an affidavit because he has been unable to contact Behrens at her only known address. Meanwhile, the reporter’s record is now overdue.

To avoid further delays and protect the rights of the parties, the appeal is abated and the trial court is instructed to determine, following a hearing if necessary, whether Behrens is presently indigent. See Tex. R. App. P. 37.3. If the court finds that Behrens is indigent, it shall order the preparation of the reporter’s record at no cost to appellant. Copies of all findings, conclusions, and orders, and a transcription of the reporter’s notes if a hearing is held, shall be tendered for filing in this Court no later than June 6, 2008.

__________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Puryear and Henson Abated Filed: May 7, 2008 Do Not Publish