Opinion
01-23-00317-CR
07-11-2023
Kyle Christian Roebuck v. The State of Texas
Trial court: 177th District Court of Harris County Trial court case number: 1626314
ORDER
PETER KELLY JUDGE
The clerk's record indicates that, at the time of signing the notice of appeal, appellant Kyle Christian Roebuck was not claiming indigence. But on April 28, 2023, appellant filed a Motion for Reporter's Record and Finding of Indigence, in which he asked the trial court to hold a hearing to determine that appellant was indigent and entitled to a free reporter's record. The clerk's record contains no ruling on this motion.
On June 26, 2023, the court reporter filed an information sheet stating that the reporter's record was not filed because appellant had not made financial arrangements for the preparation and filing of the reporter's record. See Tex. R. App. P. 37.3(c)(2)(A). This court is unaware whether appellant is entitled to proceed without the payment of costs. See Tex. R. App. P. 37.3(c)(2)(B). Accordingly, we enter the following order. See Tex. R. App. P. 35.3(c.
The appeal is ordered abated and remanded to the trial court for the trial court to immediately conduct a hearing at which appellant, appellant's counsel, Paul Morgan, and counsel for the State shall participate, either in person or by video teleconference, to determine whether appellant desires to prosecute his appeal, and, if so, whether appellant is indigent and, thus entitled to a free record and appointed counsel on appeal. The judge may appoint appellate counsel for appellant if necessary. The judge shall see that a record of the hearing is made, shall make findings of fact and conclusions of law, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. The transcribed record of the hearing, the court's findings and conclusions, and a videotape or compact disc, if any, containing a recording of the video teleconference shall be filed with the Clerk of this Court within thirty (30) days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the trial court's findings and recommendations are filed in this Court. The Court will also consider an appropriate motion to reinstate the appeal filed by either party, or the Court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this Court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties and the Clerk of this Court of such date.
It is so ORDERED.