1 John T. B oyd, Ch ief Justice ( Ret.), Se venth Court o f Appeals , sitting by as sign ment. T EX
. G OV ’ T C ODE A NN . §75.002(a)( 1)(Vernon Sup p. 2002). NO. 07-02-0365 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L E SEPTE MBE R 12, 2002

______________________________ ROBE RT SC HEID T, Appellant

v. THE STATE OF TEXAS , Appellee

_________________________________ FROM THE COUNT Y COURT AT LAW OF RANDALL CO UNTY; COUNT Y; NO. 2002-1134- L; HON. JAMES A NDERSON, PRES IDING

_______________________________ ABATEMENT AND REMAND

_______________________________ Before QUINN and JOHNSON, J.J., and BOYD, SJ. 1 Appellant Rob ert

Sc heid t ha s fi led aprose not ice of ap pea l fro m a c rim ina l misdem eanor

con viction in Municipal Court of twotraffic violations. He previously filed
no tic es of appeal from his conviction in both the Randall County Court at Law and the Potter County Court at L aw, and bo th of those courts dismissed his appeals for w ant of2

jurisdiction. There is only one notice of appeal from those tw o separate decisions, and appellant appears to be using that one n otice to appeal the separate deci sions. Thus, we sever tho se a ppe als into separate causes of ac tion. Trial cause number 99,705 from the Potter Cou nty Cou rt a t La w

w il l be assigned app ella te cause number 07-02-0364 -CR. Trial cause number

2002-11 34-L from

the Ra ndall Count

y Court at Law will be assigned appell ate cause number 07-02-036 5-CR. Next, app ellan t fil ed w hat he la bele d an app ellate br ief a lo ng with h is notice of app eal. This was donebefore the appellate record was filed. Moreove r, the docum ent failsto comply with Rule 38.1 of the Te xas R ules of Appellate Procedure. See T EX . R. A PP . P. 38. 1. We th ere for e st rikethebrie f w itho ut p rej udic e toapp ell an t’s righ t tofile another one in accordance w ith the Rules after the record has be en received bythis court. Add itio nall y, as noted, w e currently have no record before us . Appellantha s alleged that he h a s had difficulty in obtaining a complete record. If he is a pauper and
una ble to pay the fees a nd costs associated with an appeal, he w ould be entitled to an appellate record free of cost. Accordingly, we abate this appeal and rem and the cause to the County Court for Randall County (trial court) for further proceedings. Upon rem and, the trial court shall immed iately cause notice of a hearing to be given and, t hereaft er, conduct a hearing to determ ine the following:

1. w het her

app ellan t de sire s topro sec ute theapp eal; 2. whet her appellant is indigent; 3. whet her appellant is entitled to a free appellate record; and 4. whet her any orders are necessa ry to ensure the tim ely preparation3 and filing of a record. So too shall it 1) execute findings of fact and conclusions of law addressing the foregoing issues, 2) cause to be developed a supplem ental clerk’s record containing the findings of fact and con cl us io ns ofla w and all o rde rs it m ay is sueas a re sult

of i ts h ear ing o n th is
ma tter , and 3) cause to be developed a reporter’s record transcribing the evidence and argument

s presented attheafo rem ent ione d he arin g. A ddit iona lly, thecou rt s hall t hen file the su pp l eme n tal records with the clerk of t his court on or before October 14, 2002. Should further tim e be needed by the trial court to perfor m these tasks, then same m ust be requested before Octobe r 14, 2002. It is so ordered.

Per Curiam