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Urbina v. State

Court of Appeals of Texas, Fourteenth District
Aug 5, 2021
No. 14-21-00323-CR (Tex. App. Aug. 5, 2021)

Opinion

14-21-00323-CR

08-05-2021

CESAR URBINA, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 155th District Court Austin County, Texas Trial Court Cause No. 2018R-0157

Panel Consists of Justices Bourliot, Poissant, and Wilson.

ABATEMENT ORDER

PER CURIAM

Before this court is appellant's motion to abate appeal for finding of indigency. Appellant seeks to abate this appeal for the trial court to hold a hearing to determine whether appellant is indigent at the time of his appeal, which would determine whether he is entitled to a free copy of the record for his case. See, e.g., Ramadan v. State, 89 S.W.3d 744, 746 (Tex. App.-Houston [1st Dist.] 2002, no pet.). The State has not filed a response to appellant's motion.

This court hereby grants the motion. The trial court is ordered to hold a hearing on appellant's request for finding of indigency within 30 days of the date of this order. The trial court shall see that a record of the hearing is made and shall order the trial clerk to forward a record of the hearing to the clerk of this court. Further, we order the Austin County District Clerk to prepare and file with this court the record of all trial court proceedings and rulings on appellant's claim of indigency. The records must be provided without charge and filed with this court within 45 days of the date of this order.

The appeal is abated, treated as a closed case, and removed from this court's active docket pending resolution of appellant's request for a finding of indigency by the trial court. The appeal will be reinstated on this court's active docket when the records on the trial court proceedings and the rulings on appellant's claim of indigency are filed in this court. This court also will consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.


Summaries of

Urbina v. State

Court of Appeals of Texas, Fourteenth District
Aug 5, 2021
No. 14-21-00323-CR (Tex. App. Aug. 5, 2021)
Case details for

Urbina v. State

Case Details

Full title:CESAR URBINA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District

Date published: Aug 5, 2021

Citations

No. 14-21-00323-CR (Tex. App. Aug. 5, 2021)