Candace Marie Grams v. State ( 2008 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00273-CR

No. 10-07-00274-CR

No. 10-07-00275-CR

Candace Marie Grams,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 82nd District Court

Falls County, Texas

Trial Court Nos. 8317, 8333-1, and 8333-2

ABATEMENT ORDER

            Before the Court is Candace Marie Grams’s unopposed motion to abate these appeals to the trial court for an indigence hearing.[1]  We will grant the requested relief.

            According to the motion, a dispute has arisen with the court reporter regarding the amount owed for the preparation of the reporter’s record.[2] Grams alleges that the court reporter initially estimated her fee to be approximately $12,000[3] and that they  negotiated a payment plan whereby her family would make a $4,000 down payment and execute a note for monthly payments of $500[4] until paid in full.  Several months later however, the court reporter advised that the actual fee was approximately $17,000 and a different payment plan needed to be negotiated.

            Grams filed an affidavit of indigence when she perfected these appeals.  See Tex. R. App. P. 20.2.  The trial court deferred a ruling on this affidavit after the initial payment plan was negotiated by the parties.  Grams contends that she has no additional resources available to pay the court reporter.  She requests that this Court abate this appeal for the trial court to reconsider her indigence affidavit.  According to a certificate of conference, the State does not oppose Grams’s request for an abatement but does intend to contest her claim of indigence.

 “An indigent criminal defendant has a constitutional right to a free appellate record in a first appeal of right.”  Scott v. State, 80 S.W.3d 184, 190 (Tex. App.—Waco 2002, pet. ref’d) (citing Griffin v. Illinois, 351 U.S. 12, 18-19, 76 S. Ct. 585, 590-91, 100 L. Ed. 891, 899 (1956); Abdnor v. State, 712 S.W.2d 136, 139 (Tex. Crim. App. 1986)).  Rule of Appellate Procedure 20.2 provides the procedures an indigent appellant must follow to obtain the record.  See Tex. R. App. P. 20.2; Scott, 80 S.W.3d at 190.  Grams filed an indigence affidavit in compliance with Rule 20.2.  Therefore, we will abate this appeal for a hearing in the trial court to determine whether Grams is indigent.  See Turner v. State, 71 S.W.3d 928, 930 (Tex. App.—Waco 2002, order, no pet.) (per curiam).

If the trial court finds that Grams is indigent, the court shall direct that the remainder of the monies owed the court reporter be paid from the general funds of the county.  See Tex. R. App. P. 20.2.  If the trial court determines that she is not indigent, the court shall advise her that she must make payment arrangements with the court reporter.

The trial court shall, within thirty days after the date of this Order: (1) conduct the hearing; (2) cause a court reporter to make a record of the hearing; (3) make appropriate orders and findings of fact and conclusions of law; and (4) deliver any orders and findings of fact and conclusions of law to the trial court clerk.

            The trial court clerk shall file a supplemental clerk’s record containing any orders and findings of fact and conclusions of law within fifty days after the date of this Order.  The court reporter shall likewise file a supplemental reporter’s record containing a transcription of the indigence hearing within fifty days after the date of this Order.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal abated

Order issued and filed January 23, 2008

Do not publish

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[1]               Grams also requests an extension of time for the filing of the appellant’s brief.  We will defer a ruling on that request until the issue of Grams’s indigence is resolved.

[2]               The reporter’s record has already been filed with the Clerk of this Court.

[3]               This is the sum set forth in Grams’s motion to abate.  However, a letter from the court reporter attached to Grams’s motion as Exhibit “C” indicates that the initial estimate was “approximately $13,000.”

[4]               The court reporter’s letter states that the monthly payments were to be $550.