NO. 07-10-00508-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL C 

MARCH 9, 2011 

LESHAWN MCREYNOLDS, APPELLANT 

v. 

THE STATE OF TEXAS, APPELLEE 

 FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; 

NO. 60,114-E; HONORABLE DOUGLAS WOODBURN, JUDGE 

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. 

ORDER OF ABATEMENT AND REMAND

Appellant, Leshawn McReynolds, filed a notice of appeal from his placement on 

ten years deferred adjudication community supervision for possession of a controlled 

substance, marijuana. On January 19, 2011, this Court received a request from the trial 

court clerk for extension of time to file the clerk’s record. This motion indicated that 

appellant has not paid or made arrangements to pay for the clerk’s record nor has an 

attorney “appeared” on the case for appeal. On that same date, this Court granted the 

clerk’s request for extension, and sent separate notice to appellant regarding his failure 

to pay for or make arrangements to pay for the clerk’s record. Further, this Court 
2 

notified appellant that, if this Court did not receive the clerk=s record or a certification 

from the clerk or appellant that the record had been paid for or that satisfactory 

arrangements had been made for the preparation of the record by February 21, 2011, 

this Court may dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). 

We have not received the clerk’s record and, in fact, received another request for 

extension of time to file the clerk’s record, which again indicates that appellant has not 

paid or made arrangements to pay for the clerk’s record nor has an attorney “appeared” 

on the case for appeal. 

Additionally, appellant’s notice of appeal was submitted by Darrell R. Carey. 

Carey expresses appellant’s desire to appeal, and indicates that he was trial counsel for 

appellant. However, Carey also states that he “has not been appointed or retained on 

the appeal.” In this Court’s January 19, 2011 correspondence, we expressly informed 

Carey that as the attorney whose signature first appears on appellant’s notice of appeal, 

Carey is properly designated as lead counsel for appellant in this appeal. See TEX. R.

APP. P. 6.1. We also expressly informed Carey that, to the extent that the notice of 

appeal was intended to constitute a nonrepresentation notice, it is deficient. See TEX.

R. APP. P. 6.4. Finally, we noted that Carey’s statement in the notice of appeal could 

not be construed to constitute a motion to withdraw, see TEX. R. APP. P. 6.5(a), (b), and 

that nothing in the record available to the Court indicates that the trial court had 

permitted Carey to withdraw from continued representation of appellant. 

Because the clerk’s record has not yet been filed and due to the confusion 

regarding representation of appellant on appeal, we now abate this appeal and remand 
3 

the cause to the trial court. See TEX. R. APP. P. 37.3(a)(2). Upon remand, the judge of 

the trial court is directed to immediately cause notice to be given of and to conduct a 

hearing to determine: (1) whether appellant desires to prosecute this appeal; (2) if 

appellant desires to prosecute this appeal, whether appellant is indigent; (3) if appellant 

is indigent and desires to prosecute the appeal, whether he is entitled to have the 

appellate record furnished without charge; (4) whether present counsel for appellant has 

abandoned the appeal; (5) if appellant desires to prosecute this appeal and is indigent, 

whether appellant=s present counsel should be replaced; and (6) what orders, if any, 

should be entered to assure the filing of appropriate notices and documentation to 

dismiss appellant=s appeal if appellant does not desire to prosecute this appeal or, if 

appellant desires to prosecute this appeal, to assure that the appeal will be diligently 

pursued. If the trial court determines that the present attorney for appellant should be 

replaced, the trial court should cause the Clerk of this Court to be furnished the name, 

address, and State Bar of Texas identification number of the newly-appointed or newlyretained attorney. 

The trial court is directed to: (1) conduct any necessary hearings; (2) make and 

file appropriate findings of fact, conclusions of law, and recommendations and cause 

them to be included in a supplemental clerk=s record; (3) cause the hearing proceedings 

to be transcribed and included in a supplemental reporter=s record; (4) have a record of 

the proceedings made to the extent any of the proceedings are not included in the 

supplemental clerk=s record or the supplemental reporter=s record; and (5) cause the 

records of the proceedings to be sent to this Court. In the absence of a request for 

extension of time from the trial court, the supplemental clerk=s record, supplemental 
4 

reporter=s record, and any additional proceeding records, including any orders, findings, 

conclusions, and recommendations, are to be sent so as to be received by the Clerk of 

this Court not later than April 4, 2011. 

Per Curiam 

Do not publish.