## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 17 - 00180 - CR No. 07 - 17 - 00181 - CR No. 07 - 17 - 00182 - CR No. 07 - 17 - 00183 - CR RANDY STEVEN CASTILL O, APPELLANT

V. THE STATE OF TEXAS, APPELLEE On Appeal from the 251st District Court Randall County, Texas Trial Court No. 25,722 - C , Counts I - IV; Honorable Bradley S. Underwood, Presiding 

### July 31 , 2017 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Appellant Randy Steven Castillo was convicted of two counts of sexual assault of a child 1 and two counts of aggravated sexual assault of a child. 2 He was sentenced to ten years imprisonment for each count of sexual assault a nd fifteen years imprisonment

1 T EX . P ENAL C ODE A NN . § 22.011 (a)(2) (West 2011 ). 2 T EX . P ENAL C ODE A NN . § 22.021 (a)(1)(B) (West Supp. 2016 ).2

for each cou nt of aggravated sexual assault, with t he sentences to run concurrently
. Appellant’s retained counsel filed a notice of appeal from the trial court’s judgment s . The clerk’s record and reporter’s record were due on June 27, 2017, but were not filed. On June 26 , the reporter notified th e Court that appellant had not requested preparation or made acceptable payment arrangements for the reporter’s record. See T EX . R. A PP . P. 35.3(b) (2), (3). By letter that day , we directed appellant to request preparation and make acc eptable payment arrangements for the reporter’s record by July 7 . Failure to do so, we advised, could result in the appeal s being abated and the cause s remanded to the trial court for further pr oceedin gs . See T EX . R. A PP . P. 37.3(a)(2). We granted the clerk and reporter an extension of time to file the appellate record to July 27. On July 7, appellant’s counsel notified the Court that he had filed a motion for the appellate record to be furnished wit hout charge in the trial court on May 30 , but the motion had only recently been forward ed to the trial court. To date, the trial court has not ruled on appellant ’s motion and a ppellant has not made payment arrangements for the clerk’s record or reporter’s record
. Accordingly, we abate the appeal s and remand the cause s to the trial court for further proceedings. See T EX . R. A PP . P. 37.3 (a)(2). On remand, the trial court shall utilize whatever means it finds necessary to determine the followi ng: (1) whether appellant desires to prosecute the appea ls ; (2) if appellant desires to prosecute the appeal s , whether appellant is indigent; (3) whether appellant is entitled to have the clerk’s record and reporter’s record furnished without charge;3

(4) i f appellant is not entitled to have the clerk’s record and reporter’s record furnished without charge, the date appellant will make acceptable payment arrangements for the appellate record; and (5) what orders, if any, should be entered to assure the filin g of appropriate doc umentation to dismiss appellant’ s appeal s if appellant does not desire to prosecute the appeal s , or, if appellant desires to prosecute the appeal s , to assure that the appellate record will be filed promptly and that the appeal s will be diligently pursued. We further direct the trial court to issue findings of fact and conclusions of law addressing the foregoing subjects. Additionally, the trial court shall cause to be developed 1) a clerk’s record containing the findings of fact and con clusions of law, and 2) a reporter’s record transcribing the evidence and argument presented at any hearing held. The trial court shall cause the supplemental record, if any, to be filed with the clerk of this Court on or before August 30 , 2017. Should a dditional time be needed to perform these tasks, the trial court may request same on or before that date. It is so ordered. Per Curiam Do not publish.