NO. 07-06-0418-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A JANUARY

26, 2007

______________________________ DW AYNE KING, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 223 RD DISTRIC T COURT O F GRAY COUNT Y; NO. 6392; HON ORABLE LEE WATERS, JUDGE

_______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ. ON ABA TEMENT AND REMAND DwayneKing perfec

ted ap peal from his conv iction for the offense of money launde ring. The clerk’s and reporter’ s recordswere due on December 18, 200 6. The clerk and reporter fil ed motions for extensio n citing appellant’s fai lure to make ar rangements for payment for the cl erk’s and reporter’s records. E ach motion wa s granted, extending the deadlines to February

2, 2007. We directed appellant’ s counsel tocertify compliance w ith Rules of Appellate Procedure 34.6(b)( 1), and 35.3(a) (2), (3) on or before January 8, 2007. Counsel’s response recited appellant curren tly resides in Detroit, Michigan, that he is1 The foundation for this a dvice is not clear from counsel’s res ponse. 2 indigent and is attempting to raise funds necessary to pay for the record . The response requestsadditional time to pay for the reco rd but do es not comply with Ru le 10.5(b)( 1) governi ng motions for

extension of time. It also states that couns el has advi sed appellant thathe must return to Texas for a he aring on i ndigence for appoi ntment of counsel on appeal. 1 Counsel has not filed a notice th at she no lo nger r epresents appellant in accordance with Ru le 6.4 or a moti on to withdr aw comply ing wi th R ule 6.5. Nor has counsel filed a do cketing statement req uired by R ule 32.2 and as directed by this court. Accordinglywe must abate the appeal and remand the ca se to the 223 rd District Court of Gray Count

y for further

proc eed ings. Tex. R. App. P. 37.3( a)(2). U pon remand the trial courtshall use s uch means as may be necessary, including a hearing if the court finds it necess ary, to det ermine the fo llowing: 1. whether appellant desires to prosecu te the appeal; 2. whether appellant is i ndigent; 3. whether appe llant

is entitled to a free appellate record due tohis indig ence; and 4. whether appe llant is r epresented by counsel or is entitled to appointed coun sel. The trial court shall cause any hearin g held to be transcribed and shall conduct it in a manner desig ned to protect app ellant’s ri ghts whi ch may incl ude presentation of testimony

in any manner

permitted by

law. The court shall ( 1) execute findings of fact and3

conclusionsof law addres sing the foregoing i ssues, (2) cause to be dev eloped a supplemental clerk's record containing the findings of f act and conclusions of law and all orders it may is sue as a resul t o f its complian ce with t his order, a nd (3) cause to be developed a reporter's record transcrib ing the evidence and arguments presented at any hearing conducted. Additiona lly, the district court shall then file the supple mental record with the clerk of

this court on or before March 5, 2007 . Should further time be need ed by the trial court to perform these tasks , same sh all be req uested before Marc h 5, 2007. Fina lly, if the trial c ourt d etermines that app ellant is ent itled to appointed counsel and appoints counsel, it shall inform this court of the name, address, an d state bar number of the appointed coun sel. It is so or

dered. Per Curiam

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