Order filed August 29, 2014

In The

Eleventh Court of Appeals ____________

No. 11-14-00095-CR

____________

ROCKY RICK CASTRO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 106th District Court

Dawson County, Texas

Trial Court Cause No. 13-7305

O R D E R

Appellant, Rocky Rick Castro, timely filed a pro se notice of appeal from his 

convictions for the offenses of continuous sexual abuse of a young child and 

indecency with a child. The clerk’s record and the reporter’s record are now past 

due. On July 25, 2014, Appellant filed the following documents in the district 

clerk’s office: a request to prepare the clerk’s record and the reporter’s record and a
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designation of record on appeal. In both the request and the designation, Appellant 

indicated that he was indigent. We abate the appeal. 

An indigent criminal defendant has a constitutional right to a free appellate 

record in a first appeal of right. See Griffin v. Illinois, 351 U.S. 12, 18–19 (1956); 

Abdnor v. State, 712 S.W.2d 136, 139 (Tex. Crim. App. 1986). The determination 

of indigence for this purpose is based upon the financial status of the appellant at 

the time of the appeal, not the trial, and implicates the personal financial condition 

of the appellant, not that of his parents or other relatives. Abdnor, 712 S.W.2d at 

142. “Outside sources such as relatives . . . are not to be considered unless they are 

legally bound to pay for defendant’s appellate expenses.” Id. We note that 

Appellant was represented by retained counsel at trial but that Appellant’s trial 

counsel has not been retained to represent Appellant in this appeal. However, an 

appellant cannot be deprived of his right to a free record on appeal by the mere fact

that he was represented by retained counsel at trial. Id. We abate the appeal so 

that the trial court, who is in the best position to make such determinations, may 

resolve the issues surrounding Appellant’s asserted indigence. See McFatridge v. 

State, 309 S.W.3d 1 (Tex. Crim. App. 2010). 

The trial court is directed to conduct a hearing on or before September 30, 

2014, to determine the following:

1. Whether Appellant desires to prosecute his appeal;

2. Whether Appellant is indigent; and

3. If indigent, whether Appellant is entitled to a free appellate record. 

In the interest of judicial economy and to avoid the necessity of a second 

abatement in the future, the trial court is also directed to address the issue of 

appellate counsel and determine the following:

1. Whether Appellant has retained counsel for this appeal; and
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2. If Appellant is indigent, whether he desires to have counsel appointed to 

represent him in this appeal or whether, after being warned of the dangers 

and disadvantages of self-representation, he competently and intelligently 

chooses to exercise the right to represent himself. 

See Faretta v. California, 422 U.S. 806 (1975). 

The trial court is requested to make appropriate findings and 

recommendations and to appoint counsel if appropriate. Appellant’s proof of 

indigence at the hearing may be had by affidavit alone. See TEX. R. APP. P. 20.2; 

Abdnor, 712 S.W.2d at 142–43. If it is determined that Appellant is indigent and is 

entitled to a free appellate record, the clerk’s record and the reporter’s record from 

the trial are due for filing in this court immediately. 

The clerk of the trial court is directed to prepare and forward to this court a 

supplemental clerk’s record containing the findings, recommendations, and any 

orders of the trial court regarding Appellant’s indigence or the appointment of 

counsel. The court reporter is directed to prepare and forward to this court the 

reporter’s record from the hearing. These records are due to be filed in this court 

on or before September 30, 2014. 

The appeal is abated.

PER CURIAM

August 29, 2014

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.