Opinion
05-21-01002-CR
01-20-2022
JAY SANDON COOPER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 6 Collin County, Texa Trial Court Cause No. 006-86065-2019
ORDER
LANA MYERS JUSTICE.
On December 28, 2021, we ordered appellant to provide this Court with written verification that he paid or has made arrangements to pay for the reporter's record. See Tex. R. App. P. 37.3(c). On January 10, 2022, appellant informed the Court, and the November 30, 2021 clerk's record confirms, that he filed an affidavit of indigency in the trial court on November 29, 2021, thirteen days after he filed his notice of appeal.
Rule 20.2 of the rules of appellate procedure provides that a criminal defendant "who is unable to pay for the appellate record may, by motion and affidavit, ask the trial court to have the appellate record furnished without charge." Tex.R.App.P. 20.2. The rule further provides that "[i]f after hearing the motion the court finds that the appellant cannot pay or give security for the appellate record, the court must order the reporter to transcribe the proceedings." Id.
Although appellant filed an affidavit of indigency, there has been no hearing or finding made by the trial court. Therefore, we ORDER the trial court to hold a hearing to determine whether appellant is indigent. See id.; McFatridge v. State, 309 S.W.3d 1, 4 (Tex. Crim. App. 2010). If necessary, the trial court shall make findings of fact and conclusions of law. We ORDER the trial court to transmit any record of the hearing, including its findings of fact, orders, and supporting documentation, if any, to this Court within THIRTY DAYS of the date of this order.
We ORDER County Clerk Jennifer Corley to file a supplemental clerk's record containing the trial court's order and findings and conclusions within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Jay Bender, Presiding Judge, County Court at Law No. 6; to Jennifer Corley, Collin County Clerk; to appellant at the address on file with the Court; and to the Collin County District Attorney's Office, Appellate Division.
Appellant's January 7, 2022 motion to recuse Chief Justice Burns remains pending at the Court.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. It will be reinstated when the supplemental clerk's record is filed or the Court deems it appropriate to do so.