Opinion
No. 04-13-00481-CR
11-18-2013
Terry Shawn LINVILLE, Appellant v. The STATE of Texas, Appellee
From the 66th District Court, Hill County, Texas
Trial Court No. 37,777
Honorable F.B. (Bob) McGregor, Jr., Judge Presiding
ORDER
On August 13, 2013, this appeal was abated to the trial court to determine whether appellant is indigent and entitled to have the appellate record furnished without cost (TEX. R. APP. P. 20.2) and whether appellate counsel should be appointed to represent appellant. On September 13, 2013, the trial court conducted a hearing and signed an order finding that appellant is not indigent. On September 16, 2013, this court ordered the appeal to be reinstated on our docket and ordered appellant to provide written proof to this court no later than September 30, 2013, that the clerk's and reporter's fees for preparing the record in this appeal had been paid or arrangements had been made to pay the fees. Our order stated that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
On September 25, 2013, appellant filed a pro se letter in this court stating that the land he previously owned was foreclosed on. On October 10, 2013, Danny D. Burns filed a motion requesting an extension of time for appellant to file a response to this court's order of September 16, 2013. Mr. Burns stated that he was not retained to represent appellant in the appeal but was working pro bono on his behalf. Mr. Burns stated that he was seeking to have the trial court reconsider its decision with regard to appellant's indigency. This court granted the motion, extending the deadline for filing a response to October 29, 2013. On October 15, 2013, appellant filed a pro se letter restating his position that he is indigent and unable to pay for a record.
In the interest of justice, this court, on its own motion, extends the deadline for responding to this court's September 16, 2013 to November 25, 2013. It is ORDERED that Mr. Burns provide a written status report by that date updating this court as to whether a motion to reconsider has been filed in the trial court with regard to appellant's indigency. If no further action has been taken in the trial court by November 25, 2013, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). The clerk of this court is DIRECTED to send a copy of this order to the Honorable F.B. (Bob) McGregor, Jr., presiding judge of the 66th Judicial District Court of Hill County, Texas, to inform him of the status of this appeal.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of November, 2013.
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Keith E. Hottle
Clerk of Court