NO. 07-06-0170-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL D JULY 13, 2006

______________________________ JUAN RODRIGUEZ, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 47 TH DISTRIC T COURT O F RANDALL COUNTY; NO. 17512-A; H ONORABLE HAL MINER, JU DGE

_______________________________ Before QUINN, C.J., and REAVIS an d CAMPBELL, JJ.
ORDER ON ABA

TEMENT AND REMAND
Juan Rodriguez

appeals a judg ment of convicti on rendered by the 47 th District Court of Randall County. The clerk’s record, which, after extension of the due date, was due no later than July 10, 2006, has not been received. On June 12, 2006 , this courtwas notifie d by the distri ct clerk t hat appellant had not paid or made arrangements

to pay for the record. By letter, appellant’s counsel was directed to certify to the clerk ofthis courton or before June 19, 2006, in w riting, whether R ule 35.3(a)( 2) of the Texas R ules of Appellate Procedure had been complied with; if so, the da te of compliance, a nd if not, a reasonable2

explanation for non-compliance. No respo nse to the court’ s letter has been received . We, therefore, abate the appeal and remand the cause to the 47th D istrict Court of Randall Coun ty. The judge of said court is or dered to convene a hearing (after not ice to appellant and other parties in interest) to dete rmine the following matters:
1. W hether appellant desires to p rosecute this appeal; 2. if appellant de sir es to prosecute this appeal th en whether appellant is indigent; 3. whether

appellant

is entitled to a clerk’s record and re porter’s r ecord, wi thout charge to appel lant; 4. whether appellant is entitled to app ointed counsel; 5. if appellant has counsel, whet her ap pellant has b een deni ed th e effec tive assistance of counsel aris ing from the delay encountered in prosecut ing this appeal; and 6. what

orders, if any , sho uld be e ntered to assur e the filing of appropriate notices and documentatio n to dismiss appellant’s appea l if appell ant does notdesire to prosecute this appeal, o r if appellant desires to prosecut e this appeal, to assure that

the clerk’ s record w ill be promptl y filed and that the appeal wil l be dilig ently purs ued.
If the court determines that appell ant is indig ent and has been deni ed th e effec tive assistance of coun sel, we or der it to appoi nt counsel for appel lant.
We next order the court to cause a supplem ental clerk ’s record to be develop ed. The supp leme ntal cle rk’ s re cor d sha ll i ncl ude 1 ) a t rans cri ptio n of the hearing conv ened to answer t he questions itemized above, 2) findings of fact and conclusi ons of la w answering the questions itemized above, 3) the name, state bar number , and address of any counsel appointed to represent appellant, and 4) all orders made in accordance with this opinion. We further order the court to cause the supp lemental clerk’s record to be filed3

with the clerk of this court on or before Aug ust 14, 2006. Shoul d additional ti me be needed to comply with this order, the district court may request the same on or bef ore August14, 2006.

Per Curiam
Do not publish

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