NO. 07-00-0556 -CR NO. 07-00-0557 -CR NO. 07-00-0558 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L A DECEM BER 22, 2000

______________________________ VINCENTE DWIGHT MCCRAY, A PPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 64 TH DISTRICT COURT OF SW ISHER COUNTY; NOS. B3255-99-07CR, B3256- 99-07CR AND B3257-99-07CR;

HONORA BLE JACK R. M ILLER, JU DGE

_______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ. ON ABATEME NT AND REMAND Appella nt Vincente Dwight McCray, acting pr o se, has filed a purported appeal of his conviction of March 15, 2000, for the offense of d elivery of cocaine and the resulting2

punishment

of three years confinem ent in the Institutional Division of the Departm ent of Criminal Justice. We have received non-certified copies of appellant’ s judgm ent and sentence in t he casein w hich he w as conv icte d an d no n-c ert ified cop ies of dis m iss als i n two other cases w hich may have been the result of a plea bargain agreem ent. W e have not recei ved a clerk’s or r eporter’s record in these m atters, nor has any brief been filed. W e note that on the sam e day and tim e that appellant filed his notice of app eal, he also filed a letter indicating that he wished to cancel “the reques t for an appeal.” Because we ha ve no re cord, we are unable to determ ine the current status of th e pur por ted app eal. Ho w eve r, s inceitappears that a notice of appea l was filed, this state of aff airs requires us to abate the appeals to t he trial court for a hearing as provided by TexasRul e of Appellate Procedure 38.8 (b). Accordingly, the appeals are abated and t he causes rem anded to the 64 th District Court of Swisher County. Upon reman d, the judge of the trial court shall imm ediately cause notice to be given of, and conduct, a hearing to determ ine: 1. W hether appel lant has aba ndoned hi s appeals. 2. Whether appellant is pr e sent ly indigent, and if so, whether couns el should be appointed to represent him. If it be determ ined that an attorney sho uld be appointed, the nam e, address, and S tate Bar of Tex as identification number of the attorney appointed. 3. If appellant is not indigent, what stepsneed to be taken to ensure th at appellant will promptly obtain the se rvices of an attorney to purs ue the app eal.3

4. Whether appel lant has been deprived of diligent appeals by ineffecti ve assistance of counsel or for any other reason. 5. If appellant is indigent, wha t steps need tobe taken to en sure that a reporter ’s record and clerk’s record are available to appellant. 6. If any other order

s are necessa ry to ensure the proper and t imely pursuit of appellant’s appeals.
In support of its determ inations, the trial court will prepare and file written findings of fact and conclusi ons of law and cause them to be inclu ded in a suppl emental clerk’s record. The hearing p roceedi ngs shall be transcribed and included in a supplemental reporter’s r ecord. Th e supplemental clerk’s record and reporter’s record s hall be subm itted to the clerk of this court no later than Ja nuary 25, 2000. It is so ordered. Per Curiam Do not publish.