Opinion
NO. 14-15-01069-CR
04-05-2016
MICHAEL MCCANN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1 & Probate Court Brazoria County, Texas
Trial Court Cause No. 209154
ORDER
On February 25, 2016, this court issued an order abating the appeal and directing the trial court to conduct a hearing to determine whether appellant is entitled to proceed without payment of costs and whether appellant is entitled to a free reporter's record and appointment of counsel.
On March 11, 2016, the trial court held a hearing at which appellant and the State appeared. At the hearing appellant stated his desire to continue the appeal and admitted he is not indigent. On March 15, 2016, the trial court filed its findings of fact and conclusions of law in the form of a supplemental clerk's record. The trial court found:
1) Appellant desires to prosecute the appeal.
2) Appellant is not indigent.
3) Appellant is not entitled to a free reporter's record.
4) Appellant has not paid for, or made arrangements to pay for, the reporter's record.
5) Appellant has not shown he is entitled to proceed without paying for a reporter's record, or is otherwise exempt from payment of costs.
6) Appellant is not entitled to court-appointed appellate counsel.
On March 24, 2016, appellant filed a motion to reinstate the appeal because it is his opinion that the reporter's record "would have no value" in his appeal.
The motion to reinstate is granted. The appeal is reinstated. Appellant's pro se brief was filed February 12, 2016. The State's brief is due on or before May 5, 2016.
PER CURIAM