Gerald Herrera v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-02-00583-CR

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Gerald Herrera, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT NO. 2001-216, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING

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O R D E R

PER CURIAM

The reporter's record in this cause was due for filing on September 4, 2002. The record has not been prepared because satisfactory arrangements for payment have not been made. See Tex. R. App. P. 35.3(b). Appellant is represented by a retained attorney, Mr. David K. Sergi, but has filed in the district court a motion for a free record on appeal. No action has been taken on the motion.

The appeal is abated. The district court shall promptly act on appellant's motion for a free record, conducting a hearing if the fact of appellant's indigence is contested. See Tex. R. App. P. 37.3(a)(2). If the court finds that appellant is presently indigent, the court shall order the preparation of the appellate record at no cost to appellant. The court shall make any other appropriate findings and recommendations. A record from the hearing, if held, and copies of all findings and orders, shall be forwarded to the Clerk of this Court for filing as a supplemental record no later than November 22, 2002.

It is ordered October 15, 2002.

Before Justices Kidd, B. A. Smith and Yeakel

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