NO. 07-03-0182 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L A AUGUST 15 , 2003

______________________________ REGINA LEA REE D, APPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 64 TH DISTRICT COURT OF HALE COUNTY; NO. A14585-0208; H ONORAB LE ROBE RT W . KINKA ID, JR., J UDGE

_______________________________ Before JOHNSON, C.J., and REAVIS and CAMPB ELL, JJ. ON ABATEME NT AND REMAND Appe llant Regina Lea Reed has given noti ce of appeal from conviction i n cause numbe r A14585-0208 in the Di st rict Court of Hale County, Tex as (the trial court). The clerk of the court

of appeals has received a mo tion from th e court reporter requesting an extension of t im e fo r th e fili ng o f the appellate record. The m otion reflects that no designation of record has been received and no arran gemen t to pa y for the record has2

been ma de. The court appointed attorney for appellant was granted a Mot ion to W ithdraw as Counsel on April 16, 2003. No other app earance has been m ade by any counsel for appellant on appeal.
In Texas , e very person convicted of acrime hasa statutory right to appeal. See T EX . C R IM . P ROC . C ODE A NN . § 44.02 (Vernon 1979); Nguyen v. State , 11 S.W.3d 376, 378-79 (Tex.App. --Houston [14 th Dist.] 2000, nopet.); Johnson v. State , 885 S.W.2d 641, 644 (Tex.App. --W aco 1994, pet. ref'd). The S ixth and Fourteenth A mendm ents of the United States Cons titution guarantee to a criminal defendant the right to counsel on a first app eal. See Dou glasv. Cali for nia , 372 U.S. 35 3, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963 ). An attorneymu st be appointed by the s tate to represe nt an indi gent defendant on the first app eal. See McCoy v. Court of Appeals of W i sconsin, Dist. 1 , 486 U.S. 42 9, 435, 108 S.Ct. 1895, 1900, 100 L.Ed.2d 440 (1988). In Texas, the trial court has been designated to appoint the appellate attorney for an eligible indi gent defendant. See T EX . C R IM . P ROC . C ODE A NN . §§ 1.051(d)(1), 26.04(a).
This appeal is abated and the cause is rem anded to the trial court. Upon rem and, the judge of the trial court is directed to cause notice to be given of and to c onduct a heari ng to dete rm ine: (1) w hether a ppellant des ires to pro secutethe app eal; (2) i f appellant desires to prosecute the appe al, then whet her app ellan t is indig ent ; (3 ) if appellant is indi gent and desi res to prosecu te the appeal, whe ther counsel should be appointed for appeal; and (4) what orders, if any, should be entered to as sure the filing of appropriate notices and documentation to dismiss appellant’s appeal if appellant does not3

desire to p ros ecu te t he a ppe al, or, if appellant d esires toprosec ute the appeal, to assur e thatthe appeal will be dili gently pursued. If the tria l cou rt d ete rm inestha t co uns el sh ould be appointed f

o r the appeal, the trial court should cause the clerk of this court to be furnished the nam e, address, and S tate Bar of Te xa s identification number of the appointe d attorney.
The trial court is di rected to: (1) co nduct any necessary hea ring s; ( 2) m ake and file appropriate findings of fact, conclusions of law and recom menda tions, and cause themto be included in a supplemental clerk’s record; (3) cause the hearing proceedings to be transcribed and incl ude d in a reporter’s record of thehearing; and (4) have a record of th e pr oceedings ma de to the ex tent any of the proce edings are not included in t h e supplemental clerk ’s record or the reporter’s record of the hearing. In the absenc e of a request for extens ion of time from

the trial court, the supplemental cl erk’s record, re porter’s record of the hearing, and any additional procee ding records, i ncludi ng any orders, findings conclusions and recom menda tions, are to be sent so as to be received by the clerk of this court not later than Sept ember 12, 2003.
Per Curiam

Do not publish.4